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r #> OUTLINES 



OF THE 



UNITED STATES GOVERNMENT: 



ITS 



ORIGIN, BRANCHES, DEPARTMENTS, INSTITUTIO; 
OFFICERS, AND MODES OF OPERATION. 



-•►♦- 



:7 



BY 

ANSON^ WILLIS. 

H 



» ♦ 



C NEW YORK : 
N. TIBBALS & CO., 37 Park Row. 

18G3. 



~c 






Entered, according to act of Congress, in the year 1868, by 

ANSON WILLIS, 

in the Clerk's office of the District Court for the Southern District of 

New York. 



JHTPPFPTOT. 



There is no sentiment that ever gained more universal 
acceptance among the people of this country, .than that 
contained in the following words, M If our form of govern- 
ment can be preserved, it must be done by the intelli- 
gence and virtue of the people." 

Few, if any, have ever gainsaid this proposition, or 
doubted its truth ; yet many have doubted the perma- 
nence of our institutions ; and these doubts arise from 
their lack of confidence in the intelligence and rectitude 
of a majority of the people. 

These fears are not entirely groundless, in view of the 
common rule of judging the future by the past; for every 
observer of the political actions of our people, knows that 
many things have been done by parties and individuals, 
that demonstrate the lamentable destitution of one, if not 



2 OUTLINES OF U. S. GOVERNMENT. 

both these elements of safety. Some have intelligence 
but very little virtue, — others have virtue but very little 
intelligence, and some have neither. Now when either of 
these classes, or all of them combined, bear rule, mischief 
must follow, and a complete overthrow may be the result. 

A general knowledge of the principles and operations 
of our government, is a part — but by no means all — of 
that intelligence which is so universally admitted to be 
necessary to the preservation of it. 

But it is no easy task for a young man to gain such an 
understanding of these things, as will qualify him to act 
his part well, when he arrives at the age which allows him 
to enter upon his duties as a citizen of the republic, to 
hold, — it may be, — official positions in it, or at least to 
vote understandingly for those who shall administer its 
affairs. 

And it is matter of some surprise that no one has taken 
it in hand long before this, to write something of the na- 
ture of a text book, in which these things may be found 
arranged and explained, in so simple and plain a form, as 
to give the reader a general and comprehensive idea of the 
structure, institutions, and plan of operating the govern- 
ment under which he lives. In no country is such know- 
ledge of so great importance as in ours, where every citi- 
zen may make his influence felt in the administration of 



INTRODUCTION. 5 

public affairs, and where that influence always tells for 
good or evil. Our education is very deficient if it d< 
not embrace a knowledge of the scheme of government ; 
and it seems to us that it is as proper a subject for the in- 
struction of the school-room as many others which are 
taught there. But if this is neglected, certainly the young 
man ought not to be left to pick up this knowledge, here 
a little and there a little, in detached portions, as he mfty 
chance to find it scattered through books, d papers, 
public speeches and casual conversations ; yet these are 
the only sources from which nine-tenths of the people have 
gained all they know of the political affairs of their own 
country; and what is thus gained is rarely acquired till 
middle life, and in a majority of cases not until a later 
period. 

By these reasons we have been prompted to write the 
book before you, in order to place th< matters, in com- 
pact and methodical form, within the reach of every one 
who desires to understand them. We have aimed 
throughout at plainness and perspicuity ; not avoiding re- 
petition whenever the subject treated of could be made 
plainer by its use. Statements will be found in one con- 
nection, and again in another, whenever the fact stated 
appeared to be especially applicable to the subject under 
consideration. 



4 OUTLINES OF U. S. GOVERNMENT. 

We think that an attentive perusal of these Chapters 
will rive the reader a correct idea of the organization and 
mode of operating the United States Government, together 
with an insight into the machinery by which it is done. 
When this is acquired, it becomes an easy task to under- 
and the government of the thirty-seven States which 
compose one great Confederated Union, and to compre- 
hend the fact that every person in the United States lives 
under two separate and distinct governments, and is 
amenable to two different codes of laws; first, that of the 
State in which he resides, and second, that of the United 
States, commonly termed the General Government. Much 
in both is analogous, especially the legislative and judicial 
proceedings. The wisdom of the framers of our Constitu- 
tion adjusted these imperii in imperio — governments 
within a government, so that all work harmoniously, and 
with very little friction, or conflict of authority. 

We have not treated of the State governments, nor 
could we have done so without going far beyond the limits 
assigned to this work. Each State is noticed, however, in 
some remarks, as to the time of its entrance into the 
Union, its size, population, circuits and districts, as pre- 
scribed by the laws of Congress. But this is to show 
their relations to the entire Union, and the relative influ- 
ence and power they have as various parts of one great * 
whole. 



CONTENTS. 



Chap. rage 

1. The United States 5 

2. The Constitution 10 

3. Congress 16 

4. The President 23 

5. Vice-President 28 

6. The Department and Secretary of State 31 

7. " " the Treasury ... 36 

8. . " " War 41 

9. " " Navy 45 

10. " " Interior 49 

11. The Post Office and Postmaster-General 52 

12. The Attorney-General 59 

13. The Cabinet 62 

14. U. S. Courts 77 

15. Supreme Court 78 

16. Circuit Courts 83 

17. District Courts 87 

18. Court of Claims 90 

19. District Attorneys 93 

20. U.S. Marshals 95 

21. Grand Juries 97 

22. Admiralty and Maritime Jurisdiction 101 

23. Congressmen 103 

24. Congressional Districts 105 

25. Clerks of the House of Representatives and Senate.107 

26. Speaker of the House of Representatives 108 



CONTENTS. 
Chap. Page 

27. Acts of Congress 110 

28. Ratio of Representation 113 

29. Census 119 . 

30. Flag of the United States 124 

31. Laws " " . 126 

32. Naturalization Laws -131 

33. Neutrality Laws 135 

34. Elections 137 

35. Presidential Elections 141 

36. Electors 157 

37. Ambassadors and Foreign Ministers 160 

38. Consuls 164 

39. Treaties .167 

40. Extradition Treaties 177 

41. Letters of Marque and Reprisal 181 

42. Suffrage ..183 

43. Seals 186 

44. Bonds 189 

45. Oaths ....182 

46. Revenue 196 

47. Internal Revenue 198 

48. Custom Houses and Custom House Officers 202 

49. Public Lands 209 

50. Bounty Lands and Land Warrants .217 

51. Duties and Tariffs 219 

52. Tonnage 224 

53. Revenue Cutters 225 

54. Mint 227 

55. Assay Office 231 

58. National Banks 233 

57. Military Academy .237 

58. Naval Academy 240 

59. Armories and Arsenals 242 

60. Army and Navy 244 

61. Articles of War 250 



CONTENTS. 
Chap. p aj;e 

62. Chaplains 253 

63. Naval Observatory 255 

64. Coast Survey 258 

65. Light-houses 260 

66. Smithsonian Institution 263 

67. Patent Rights, Patent Office and Com. of Patents. .265 

68. Copyrights 269 

69. Pensions, Com. of Pensions, and Pension Office .272 

70. Hospitals and Asylums 276 

71. Public Buildings and Commissioner of 282 

72. Congressional and Law Library 284 

73. Official Register 286 

74. Government Printing Office 287 

75. Prisons 290 

76. Bureau of Agriculture 292 

77. Indians 294 

78. Passports 299 

79. Reports 302 

80. Commissioners 304 

81. Religion 306 

82. Proclamations 308 

83. Treason 310 

84. Impeachment 312 

85. Missouri Compromise 314 

86. Mason and Dixon's Line 316 

87. Political Divisions 319 

88. District of Columbia 322 

89. States 324 

90. Individual States 327 

91. Territories 392 

92. Indian Territory 395 

93. The Wars of the United States 398 

Declaration of Independence 409 

Constitution of the United States 415 

Amendments to the Constitution 430 



CHAPTER I. 
The United States. 

On the fourth day of July, 1776, a number of delegates 
from thirteen British Colonies in North America, assem- 
bled together in Philadelphia, and after some deliberation 
upon the oppression and wrongs which the mother country 
had for many years inflicted, drew up and signed a paper, 
in which they enumerated the various acts of the King of 
England, George the Third, by which he and his ministers 
had deprived the people of these Colonies of their just 
rights, and oppressed them by acts of tyranny and injus- 
tice. They declared that these acts had been continued 
foT several years, that they had become intolerable, and 
that the Kino: and his ministers would neither hear their 
just complaints, listen to their remonstrances, nor regard 
their petitions for redress ; and that all their acts combin- 
ed, constituted a just cause for the Colonies to rebel against 
the authority of England, and to maintain their rights by 
force of arms, as they found it impossible to obtain them 
in any other way. They also declared that a Sovereign 
who would so rule and govern his subjects was utterly un- 
worthy to rule over them, and that they had the right to 
throw off his authority and to establish a government for 
themselves. These declarations they printed, and sent 
forth to the world on the day before named, in justifica- 



G OUTLINES OF U. S. GOVERNMENT. 

lion of the accompanying Declaration of Independence ; 
alter this they positively refused any further obedience to 
him or to the laws of England. The 4th of July 1776, has 
for this reason been styled the birth-day of our nation, and 
has since been celebrated as such on every annual return 
of it. For seven years after this event, the people under- 
went a hard and bloody struggle to maintain the position 
they had taken; nor was it until the year 1783, that our 
independence was acknowledged by England, or that we 
were recognized by other governments as one among the 
family of nations. Not until 1789, did the people of these 
Colonies, [now States] organize a government, and take 
rank among the other governments of the world, with all 
the attributes, powers and rights of a distinct political 
power. 

Here are three events : — First, the Declaration of Inde- 
pendence ; — Second, the close of the Revolutionary war ; 
and Third, the Inauguration of the United States Govern- 
ment. 

It is now but ninety years since the first, eighty-three 
since the second, and seventy-seven since the third. The 
longest period is less than a century, and is but as an hour 
in the world's history. , 

And now, without tracing the successive steps by which 
this nation has advanced from thirteen feeble Colonies to 
thirty-seven States, [some of which have more wealth, 
population, and power, than the whole thirteen had in 
1776,] and from less than four, to thirty-five millions of 
people, with equally rapid strides in the arts, sciences, 
education, inventions and general progress, no thought- 
ful mind can refrain from looking into the causes of such 
unprecedented advancement. A few feeble Colonial sub- 
jects, in less than a century, becoming one of the great 
powers of the world, with the prospect of attaining the 



THE UNITED STATES. 7 

highest place among the nations, in much less time than it 
has taken them to gain their present position. 

That we have a very extensive territory is true ; that 
we have a diversified climate, a productive soil, with many 
long and navigable rivers on which to float our produc- 
tions to market, and that we have inexhaustible mines of 
coal and minerals of almost every kind, including gold 
and silver, is true. But we might have all these, and still 
remain an insignificant people among the families of the 
earth, for all these have been pose 1 by nations who 
have retrograded instead of advanced. 

In our case, a wise, just and liberal government lias been 
the principal cause of our progress, and our present and 
prospective greatness. 

No human government is perfect, neither can exact and 
equal justice be done in every case by human laws. But 
the scope and design of our legislation and jurisprudence is 
to dispense justice to all, to place all on an equality before 
the laws, and to give the same rights to the rich and to 
the poor. No privileged class is known to our laws, and 
the lowest may aspire to the highest places of distinction 
and honor; many have done so, and have reached the 
most exalted positions. The fullest religious liberty is 
granted to all; every man may worship as he pleases, 
when and where he pleases, without molestation or fear. 
He is not as in many other countries taxed to support a 
church established by law. He may pay for religious pur- 
poses as much or as little as he pleases, and to any church 
he prefers, or he may pay nothing, and no one can call him 
to account or use any compulsion whatever in this matter. 

Every man has a vote for the choice of his rulers, and 
through his representatives a voice in making the laws by 
which he is governed. 

As to his business or calling, he may do that which best 



8 OUTLINES OF IT. S. GOVERNMENT. 

suits his interests or his tastes. He may go when or where 
he desires, he may stay in the country or leave it without 
restraint or hindrance ; in short, he may do whatsoever 
Beemeth good to him, provided he does not infringe on the 
rights of others. 

To this liberty, to these equal rights, privileges and ad- 
vantages do we attribute our rapid growth and power. 
The advantages and benefits of so wise, so liberal and so 
beneficent a government are not unknown to the people of 
other countries where they do not enjoy so much freedom ; 
and this accounts for the wonderful immigration to the 
United States from nearly every country in Europe. This 
flow has continued for more than three quarters of a cen- 
tury, and is still unabated. It has added many millions to 
the natural increase of our population, while very few of 
our own people ever leave their own country with the hope 
of bettering their condition, or of finding a government 
und^r which they can enjoy more liberty or better protec- 
tion. To gam a clearer conception of the intimate connec- 
tion between a good government and the prosperity of a 
country, let us, for example, place Mexico in contrast with 
the United States. Mexico was settled long before the 
United States, and in climate and mineral wealth has the 
advantage of us ; yet the ever unsettled condition of its 
government, together with intolerance of any but the 
Catholic religion, has prevented any increase of population 
or any advancement in any thing which gives a nation re- 
spectability, greatness or power. 

Let us draw another contrast by considering Ireland. 
Aj oppressive government has diminished the population, 
prevented any advancement, and impoverished the coun- 
try. We might draw many such contrasts between the 
United States and other countries in Europe, Asia, Africa, 



THE UNITED STATES. J 

and South America, which would convince any one who 
has the power to trace causes to effects, and effects to 
causes, that a just and liberal government is an essential 
condition upon which the prosperity of any country de- 
pends. 

But after all the good we find inhering in our republi- 
can institutions, we have to admit that some things are 
wrong; that like all other human institutions, errors and 
imperfections are found in them. Yet what friend to hu- 
manity would raise an impious hand to overthrow that in 
which so much good is found? Let him rather labor to 
preserve the good, and to correct the remaining evil. 
Neither our constitution nor our laws are like the laws of 
tint Medes and Persians, which change not; but may be 
altered whenever a majority of the people desire it. 

And if our people grow in intelligence, wisdom, and 
patriotism, is it not to bo hoped that they will preserve 
w r hat is good, correct what is wrong, and thus perfect and 
perpetuate our government until it shall become a model 
worthy of imitation by iho people and nations of the whole 
earth. 

A* 



10 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER IL 



The Constitution. 



After the, Seven Years' War, spoken of in the foregoing 
Chapter, (generally known by the name of the Revolution- 
ary War,) was over and peace restored, the people found 
themselves without any government, or if the Confederation 
under which the Colonies had managed to act together 
during the war, might be called a government, it was 
certainly inadequate to the wants of a people who had just 
become independent ; and who needed a stronger bond of 
union than that which had held them together during the 
struggle for liberty, when a common danger and a com- 
mon enemy served as a bond during their perilous condi- 
tion. To supply this want a convention from all the States 
was called together to draw up a Constitution, which 
should form such a union, and at the same time be a basis 
which would support a well organized government. This 
convention met and performed the task assigned. It 
framed the Constitution of the United States, about which 
we subjoin the following remarks. 

1. The Constitution of the United States was finished 
and signed on the 17th day of September, 1787. It was 
fnmied by a convention of the greatest and wisest men in 
the nation at that time, or perhaps nt any time. They were 
chosen for that express purpose and represented every 



THE CONSTITUTION. 



11 



one of the 13 States excepting Rhode Island, which had no 
representation in the convention, and sat several months 
deliberating on the great work before them. George 
Washington was the president of the convention ; and in 
the constitution a clause was inserted declaring that the rati- 
fication of it by nine States should be sufficient to establish 
its authority over all : for although made by the men 
chosen for that purpose, it was not considered binding up- 
on the people, until it had been sanctioned by three-fourths 
of the States. This was subsequently done, and the work 
of the convention became the charter of our liberties, and 
the great foundation stone of one of the most magnificent 
structures ever erected by the genius and wisdom of man. 

2. The ratification of the constitution by the several States 
necessarily required time. Hence the government estab- 
lished by its provisions did not go into operation till March, 
1789. In the mean time General Washington had been 
chosen the first President of the United States, and a Con- 
gress had been elected in conformity witli the provisions of 
the new and as yet untried constitution. The President was 
inaugurated, the first Congress assembled in the City of 
New York, and the government of the United States was 
put into operation. 

3. But before the first session of Congress closed, it was 
thought by a majority of the body, that the constitution 
in the shape in which the convention had left it, was 
defective, and that there should be several additions, or 
amendments made to it. In conformity with this opinion 
ten amendments were proposed and passed in the manner 
provided in the instrument itself ; to wit, by a vote of two- 
thirds of both houses. These ten amendments were sub- 
sequently ratified by the requisite number of States (three- 



12 OUTLINES OF U. S. GOVERNMENT. 

fourths,) and became a part of the constitution. In the 
same manner the 11th amendment was proposed, passed, 
and adopted in 1794, and the 12th in 1803. From this 
last date the Constitution remained unchanged until Janu- 
ary 31 ,18G5, when the House passed a resolution in favor 
of another amendment , the Senate passed the same resolu- 
tion during the previous session. 

4. In order to show more fully how the Constitution is 
amended, and what proceedings are taken in order to do it, 
we here insert the Resolution, and the subsequent doings 
of all the parties, who must act upon it to consummate the 
proposed amendments. This example will show how 
all the amendments have been made, and how others may 
hereafter be made. 

THE RESOLUTION. 

5. Resolved by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
two-thirds of both Houses concurring, that the following ar- 
ticle be proposed to the Legislatures of the several States 
as an amendment to the Constitution of the United States, 
which when ratified by three-fourths of said Legislature 
shall be valid to all intents and purposes as a part of 
said Constitution, viz. : 

Article 13. First, neither slavery nor involuntary servi- 
tude, except as a punishment for crime whereof the party 
shall have been duly convicted, shall exist within the Uni- 
ted States, or any place subject to their jurisdiction. 

Second. Congress shall have power to enforce this ar- 
ticle by appropriate legislation. 

This as numbered above made the 13th article of the 



THE CONSTITUTION. 13 

amendments, 12 having been made as before stated, [See 
the Constitution and amendments as inserted in the latter 
part of the book.] 

G. After this resolution had passed both Houses of Con- 
gress and after the proposed amendment had been ratified 
by the requisite number of States, the Secretary of Sta 
as the laws direct him to do, caused the resolution and 
the amendments to be published in all the States and T< 
ritories, and declared it to be valid as a part of the Con- 
stitution of the United States. 

This Thirteenth Article of the amendments to the Con- 
stitution as it now stands, is one which lias probably re- 
ceived more public attention, and caused more discussion 
than any other article in the whole document: because by 
it slavery in all the dominions of the United States h; 
been constitutionally abolished. 

V. We will make one other remark in relation to this 
13th article; to wit, it grew out of the results of the war 
between the North and South. President Lincoln had on 
Jan. 1, 1863, by virtue of his authority as Commander 
in Chief of the Army and Navy of the United States, issued 
his proclamation, declaring slavery to be abolished in all 
the States which had seceded from the Union, but this 
did not touch slavery in the slave States which had not 
seceded, viz. — Kentucky, Maryland, Missouri, Delaware, 
and West Virginia. Moreover there were doubts as to the 
constitutionality of Mr. Lincoln's act in this respect. But 
this amendment superseded that question, and made a 
clean sweep of the whole matter, both in the seceded and in 
the loyal States. 

8. The framers of the Constitution undoubtedlv borrowed 
many ideas incorporated therein from the Laws of England, 
under which they had formerly lived; they constituted Con- 



14 OUTLINES OF U. S. GOVERNMENT. 

gross with two Houses, the same as the English Parliament, 
the House of Lords answering to our Senate, and the House 
of Commons to our House of Kepresentatives. Many 
other analogies between the two governments can be 
traced. 

9. But while this is true, they as studiously avoided ev- 
ery thing in the English laws which they deemed inconsist- 
ent with the principles of a free republican government. 

In article 3, section 3, we find the following — 

" No attainder of treason shall work corruption of blood 
or forfeiture, except during the life of the person attaint- 
ed." 

This is precisely the opposite of the English law in rela- 
tion to treason ; for when a man is there guilty of treason, 
his children cannot inherit the father's titles or property. 
The parent being corrupted by treason his children are con- 
sidered corrupted also ; this is what is meant by " corrup- 
tion of blood" in the language of the Constitution. It then 
declared that no such thing should be allowed in the Uni- 
ted States : in other words, it follows the law of God, which 
expressly declares, " The son shall not bear the iniquity 
of the father, neither shall the father bear the iniquity of 
the son." Which do you like best, the English or the 
American law ? 

The Constitution of the United States has served in some 
respects, as a model for the State Contitutions ; and no 
State would be admitted into the Union, whose constitu- 
tion contained any thing contrary to that of the United 
States. It extends its authority over every State and Ter- 
ritory, restraining them from making a constitution, or 
enacting any laws inconsistent with any of its provisions. 
It is the suprenle law of the land. It binds the Executive, 
the Legislative and the Judicial branches of the government 



THE CONSTITUTION. 15 

as much as the humblest individual. It should be carefully 
read and understood by every one who lives under it , es- 
pecially by every one who exercises the elective franchise. 
It teaches us our rights, our exalted privileges and our du- 
ties as citizens of the republic. 

10. Throughout our work, we have so often alluded to 
it and its provisions, that we have thought it advisable to 
append the whole document to this work, that the reader 
may at any time turn to its pages, and consult its provis- 
ions on any point upon which he may desire information. 

Read, learn and digest its meaning ; keeping in mind 
that it is the supreme law of the land. Its provisions are 
binding upon every officer and every citizen ; upon Con- 
gress, upon every state legislature, and upon every court, 
from the supreme court of the United States down to tho 
lowest state tribunal. All are bound to act, legislate, and 
adjudicate in conformity with the principles of the Consti- 
tution. 



1G OUTLINES OF U. S. GOVERNMENT. 



CHAPTER III. 

Congress. 

1, The legislative branch of our government is styled 
Congress ; in that of England it is denominated Parlia- 
ment; and in that of France, the Corps Legislatif. Our 
Constitution places the power of enacting laws in Con- 
gress ; no other branch of the government can do it. It is 
emphatically a representative body. Its members repre- 
sent the people, and are supposed to do just what the en- 
tire mass of the people would do, if it were practicable for 
them to assemble in one great body, and there to discuss, 
and then pass the laws by which they are willing to be 
governed. 

2. It consists of two parts, or Houses, as these parts are 
called ; the Senate and House of Representatives.* Both 
assemble at the same time, in Washington, on the first 
Monday of December in each year, for the transaction of 
business. The meeting at this time is called the regular 
session; — regular, to distinguish it from extra sessions 
which the President may call if he deems it necessary. 
This division of the National Legislature into two branches 
was undoubtedly borrowed from the English government ; 
for the law-making power in England is divided into two 

* The Legislatures of all the States and Territories are formed 
after the model of Congress ; that is, all have a Senate and a lower 
House, called in some States by one name, and in others by another, 
but all meaning the lower branch of the legislative body. 






CONGRESS. 17 

branches ; the House of Lords, answering to our Senate, 
and the House of Commons, quite analagous to our IIou 
of Representatives. Indeed it was quite natural for the 
framers of our government to imitate that of the ICn gHift . 
Anterior to the revolution, which separated us from 
England, our fathers had lived under its institutions and 
laws, many of which were good, and were subsequently 
incorporated with the new fabric. Whatever was incom- 
patible with a republican form of government, and that 

equality of rights which they determined to bestow upon 
every citizen, was rejected. 

THE SENATE. 

3. This branch of the National Legislature ifl constitut- 
ed very differently from the House of Uepresentath * It 
is composed of two members from each State, without r 
gard to the size or population thereof. New York, now 

the most populous State in the Union, has but two sena- 
tors in Congress, while the least populoi tate has the 

same number. They are not eh 1 like the member- of 
the lower House, by the people, but by the L gislatures of 
the respective States which they represent. They are ak 
elected for a longer term than the memh f the Houfi 

of Representatives ; a Senator is chosen for six years, while 
a Representative in the other House is elected for only 
two. 

4. The word Senate is derived from the Latin word 
senatus, which signifies old ; and older men are generally 
'selected for the Senate than for the House of Representa- 
tives. Indeed the Constitution declares that a Senator 
shall be thirty years of age at the time of his election, and 
that he must have been a citizen of the United States for 



18 OUTLINES OF U. S. GOVERNMENT. 

nine years ; whereas a member of the House is eligible at 
the age of twenty-five, if he has been a citizen seven years. 

5. The Senate, like the House of Lords in England, is 
often styled the upper House ; while the House of Repre- 
sentatives, for the sake of brevity, is generally styled 
"the House." The Senate is considered the higher and 
more dignified of the two, because men of age, talent, wis- 
dom and experience are generally selected for this exalted 
position. Again, the Senate has powers which the House 
does not possess. When acting in their legislative capaci- 
ty, both have equal powers ; but the Senate in connection 
with the President has the power to ratify treaties. It 
alone confirms or rejects the Presidents' nominations to of- 
fices, and also acts as a high court to try cases of impeach- 
ment. These important duties and prerogatives belong 
exclusively to the Senate without the concurrence of the 
House. All bills, (the draft of all laws when presented to 
a legislative body for its approval or disapproval are called 
bills, excepting those for raising revenue,) may originate 
either in the Senate or the House ; yet much the larger 
number of bills do originate in the House, because it has 
about three times the number of members which the Sen- 
ate has, and because the members of the House are more 
immediate representatives of the people than the Senators. 
A greater number of the people know them, and usually 
send their petitions and make their wants known to them, 
and from these wants of the people, laws originate. 

6. When the Senate convenes for the purpose of con- 
sidering the nominations made by the President for the 
various offices to which he has the right of appointment 
by and with their consent, it is called an executive session. 
A vote of approval by a majority, gives the consent of 
this body ; not so, however, when they vote upon the rati- 



CONGRESS. 19 

fication of a treaty; for in this case the Constitution re- 
quires a vote of two-thirds of all present. A two-thirds 
vote is also necessary to give a judgment in case of the 
impeachment of any officer of the government who may 
be arraigned before them for trial. 

The Vice President is the President of the Senate ; but 
in case of a vacancy in this office, it then cho a Presi- 
dent from its own members, as it dot Secretary and 
other subordinate officer.-. AVe next come to the 

HOUSE OF BEPBI FATIV]>. 

7. This is often styled " the lower House." It 1; jual 
power with the Senate in the enactment of all laws ; 1' 
no bill can become a law unless it receives a majority of 
the votes of both Houses, and in one particular it has a 
power which the Senate does not ] 38 : it has the sole 

power of impeachment. We have stated that the Senate 
has the power to try impeachments, but this it never docs 
until the House has first impeached Borne officer of the 
government for an alleged crime, after which the Senate 
resolving itself into a court, tries the accused party, and 
determines his guilt or innocence. The part which the 
House takes in cases of impeachment is very analagous to 
the action of a grand jury, which does not try the accused 
party, but only says after examining the charges, upon 
what evidence it has, that he or she ought to be tried in a 
court of law — so with the House. It declares that the ac- 
cused party should have a trial before the Senate. This 
decision of the House is denominated an impeachment. 

8. The members of the Senate, as before stated, are 
elected by the Legislatures of the respective States which 
they represent ; but the members of the House are elected 
by the people, by popular vote as it is commonly said — 



20 OUTLINES OF U. S. GOVERNMENT. 

for any body in any State may vote for a member of the* 
House of Representatives who has the right to vote at all. 
In the two chapters on Congressmen and Congressional 
Districts, more may be seen on the subject of electing 
members to the lower House. After a bill has passed one 
House it must be sent to the other, where it is referred to 
a committee, reported, debated, and finally voted upon 
exactly as in the other House. 

. 9. But bills for the purpose of raising revenue must 
originate in the House of Representatives, never in the 
Senate, although these bills, like all others go to the Sen- 
ate for its concurrence, where they, may be amended by 
addino- to, or striking out such parts as are not approved. 
No money can be drawn out of the Treasury of the Unit- 
ed States for any purpose whatever, unless authorized and 
appropriated by an act of Congress. 

10. This is the order, and these the forms through which 
every bill must pass before it becomes a law, and they 
show the care taken to prevent bad laws from being enact- 
ed, and the wisdom of the framers of the Constitution, in 
dividing the legislative power of the government into two 
branches, to check any hasty and inconsiderate legislation 
which might be pushed through one branch, by the cooler 
and more deliberate action of the other. 

11. The House of Representatives has no President like 
the Senate. Its presiding officer is called " The Speaker." 
He is chosen by the votes of the members, at the begin- 
ning of each Congress, which lasts two years; consequent- 
ly he holds his office two years. The Clerk of the House 
is also elected by its members, as are all its minor officers. 

12. Correctly speaking, both the members of the Senate 
and of the House, are members of Congress, but by cus- 
tom, Representatives only are called members of Con- 



I 

i 



CONGRESS. 21 

gress [abbreviated into M. C] and the members of the 

oate, Senators, 

As there are 37 States now, the Senate lias 74 memb 
and by a law of 1863, the number of I! itati was 

fixed at 241; but if a new State comes into the Union, 
after an apportionment, her [member or mem' maybe 
added to the 211 and so continue until the next apportion- 
ment. 

I i tMFBHSATIOX. 

13. Senators and membei II<»use of Repn Benta- 
tives receive the Bam ation, the anu un' of which 
has been increased three timi It had alw; been Eight 
Dollars per day, down to 1856, when it was in 

Three Thousand Dollar- p r - ssion. Then in 18GG it w; 

again raised to Five Thousand Dollars p< ir e and i 

there are always two sessions to every Cong h 

member receives Ten Thousand Delia Luring his full 
nn. 

14. Mileage is an additional com] i. This h 

always remained the same, and IS forty cents per mi 

reckoned from the residence of the member to Washing 

by the usual roads or routes between the two plaa 
"The laborer is worthy of his hire,"" is a maxim from the 
highest authority, and i< BO manifestly just that nobody 
questions its truth. But giving members of Congi rty 

cents per mile for travelling expenses when it does not 
cost them four, [in these days] is as manifestly unjust I 
the maxim is true. It is robbery by law ; and how the 
majority of Thirty-nine Congresses have consented to let 
this swindle go on, and still continue, is a matter of aston- 
ishment to every one who believes that " Righteousness 
exalteth a nation, but sin is a reproach to any people." 

The monstrous inequality this law makes in the compen- 
sation of members adds to the wonder that it has existed 



22 



OUTLINES OF U. S GOVERNMENT, 



so long. Those who live near Washington do not receive 
a hundred dollars for mileage, while those living at the 
greatest distance pocket Twelve Thousand Dollars of the 
people's money for what costs them Five Hundred. 

15. During the revolutionary war, and up to the time 
that the Constitution went into operation, (April 30, 1789) 
the thirteen Colonies sent delegates who met whenever the 
exigencies of the times required their action, and whenevei 
their safety and convenience dictated. These delegates 
without much power or authority, did such things as seem- 
ed necessary to be done to carry on the war and to keep 
things in order. Their acts generally met with the ap- 
proval of the people ; for in times of such common danger, 
they were little inclined to question the authority of those 
who they believed were acting for the general good ; and 
as to their constitutional powers to do any thing, we have 
only to say, there was no Constitution then but the wishes 
of the people. 

This body of men denominated the " Continental Con- 
gress," ceased to exist after the adoption of our present 
Constitution, which made provisions for a constitutional 
Congress, whose election, power, authority and duties are 
all clearly defined in the instrument itself. 

16. The first Congress after the adoption of the Consti- 
tution met in New York, where two sessions were held. 
It then removed to Philadelphia, where it remained till 
1800, when in conformity with an act of Congress, it re- 
moved to Washington, where it has remained to this day. 

As a Congress continues two years, if at any time we 
wish to know how many Congresses there have been, or 
will be up to the time required, reckon the number of 
years from 1789 — the beginning of the first — to the year 
in question ; then divide the sum of the years by two, and 
the quotient will give the exact number. 



THE PRESIDENT. 23 



CHAPTER IV. 

The President. 

1. " TnE executive powers of the government shall 
be vested in a President of the United States of Amer- 
ica/' Thus reads the first line of the first section of the 
second article of the Constitution. This article is devo- 
ted exclusively to the highest officer in the government. 
The Executive and the President are in the Constitution 
synonymous terms. lie is likewise denominated u the 
chief magistrate of the nation." He is himself one of 
the co-ordinate Branches of the government. These 
arc three in number; first, the Legislative [Congress]; 
second, the Executive [the President] ; third, tho Judi- 
ciary [the Judges of the United States Courts.] These 
constitute the whole civil power of the nation. Con- 
gress enacts the laws, and the President must see that 
they are faithfully executed ; which he does through 
the various executive departments, and the different 
courts. He and the Senate appoint the heads of these 
departments, and the judges of the courts, and they ex- 
ecute the laws. The heads of departments act under 
the general direction of the President. 






24 OUTLINES OF U. S. GOVERNMENT. 



2. The Presidents are elected for four years, and are 
eligible to re-election. Several times they have been 
re-elected, and have consequently held the office eight 
years. The term always commences on the fourth day 
of March, and terminates on the same day of the 
month. The presidential elections, the most important 
and exciting of all elections, occur every four years, and 
now take place in all the States on the same day, early 
in November. It is said the President is chosen by the 
people, and yet they do not directly vote for him at all. 

The people elect Electors, and these elect the Presi- 
dent and Yice-President. Turn to the third section of 
the second article of the Constitution, and then to the 
twelfth article of the Amendments of it, where you will 
find the w T hole process properly described. He must 
be a native citizen of the United States, and must be 
thirty-five years of age when elected. And in case of 
his death, removal, resignation, or any disability to dis- 
charge the duties of the office, the Vice-President then 
becomes President. 

He receives a salary of $25,000 a year for his services 
besides the use of the presidential mansion, (commonly 
called the White House,) and the furniture in it, and is 
debarred from the receipt of any other emolument. 

4. Before entering upon the duties of his office, he 
must take the following oath or affirmation : 

" I do solemnly swear (or affirm) that I will faithful- 
ly execute the office of President of the United States, 
and will, to the best of my ability, preserve, protect and 
defend the Constitution of the United States." 

In addition to his civil power, he is Commander-in- 



THE PRESIDENT. 25 

Chief both of the Army and Navy, and may grant re- 
prieves and pardons, except in c - of impeachment 

llu — by and with the advice and consent of two- 
thirds of the Senate — may make treaties with foreign 
powers. lie has the power, and it is his duty to nomi- 
nate, and l)v the advice and consent of the Senate, t 
appoint ambassadors and other public ministers, con- 
suls, judges, and in short all other officers of the govern- 
ment, whose appointments arc not otherwise provided 
for. 

5. It is also made his duty from time to time. t<> la; 
heforc Congress information respecting tl. state of the 
country, and to recommend to their notice Buch m< 
nres as he may deem proper and beneficial to the in- 
terests of the nation. His principal and most important 
communication, however, is that made to Congress at 
the commencement of each -''—ion. Tin's is called t: 

" President's Message," and is always looked for with 
much interest, both at home and abroad ; for it, moi 

than any other public document, shows the condition of 
the jrovernment and the country, both in their domestic 
affairs and in their foreign relations. At other t in i 
the President sends messages to Congress upon some 
special matter, which he considers it important for that 
body to know, or which he is requested to lay before it 
for information. 

He may call extra sessions of Congress on extraordi- 
nary occasions. And when it passes any bill which he 
docs not approve, and he refuses to sign it, it cannot 
become a law unless it goes back to Congress, and is 

B 



26 OUTLINES OF U. S. GOVERNMENT. 

again passed by two-thirds of both Houses. This is 
called his " veto power." 

6. He, — with all civil officers of the United States,—* 
may be impeached, and removed from office, for trea- 
son, bribery, and other high crimes. 

The foregoing powers and duties are conferred upon 
the President by the Constitution ; but Congress has, at 
every session it has ever held, increased these powers 
and duties until he is overwhelmed with them ; and we 
cannot but think that he now possesses more power than 
the framers of the Constitution ever designed to trust 
in any one man's hand. 

The following are the names of all the Presidents, from 
Washington, the first, down to the present incumbent : 

George Washington, Va., 30th April, 1789, to 4th 
March, 1797 — 8 years. 

John Adams, Mass., 4th March, 1797, to 4th March', 
1801 — 4 years. 

Thomas Jefferson, Va., 4th March, 1801, to 4th March, 
1809 — 8 years. 

James Madison, Va., 4th March, 1809 to 4th March, 
1817—8 years. 

James Monroo, Va., 4th March, 1817, to 4th March, 1825 
— 8 years. 

John Quincy Adams, Mass., 4th March, 1825, to 4th 
March, 1829—4 years. 

Andrew Jackson, Tenn., 4th March, 1829, to 4th March, 
1837—8 years. 

Martin Van Buren, N.Y., 4th March, 1837 to 4th March, 
1841 — 4 years. 

William H. Harrison,0., 4th March, 1841, to 4th April, 
1841—1 month. 







TIIE PRESIDENT. 27 

John Tyler, Va., 4th April, 1841, to 4th March, 1845— 
3 years and eleven months. 

James K. Polk, Tenn., 4th March, 1845, to 4th March, 
1849 — 4 years. 

Zackary Taylor, La., 4th March, 1840, to 9th July 1850 
— 1 year, 4 months, and 5 days. 

Millard Fillmore, N.Y., 9th July, 1850, to 4th March, 
1853 — 2 years, 7 months, and 2u daj 

Franklin Pierce, N.H., 4th March, 1853, to 4th March, 
1857 — 4 years. 

James Buchanan, Pa., 4th March, 1857, to 4th March, 
18G1 — 4 years. 

Abraham Lincoln, 111., 4th March, 1861, to April, 18G5 
— 4 years, 1 month, and 8 day 

Andrew Johnson, Tenn., April, 186."). to; 

Of these, William II. Harrison died 4th April, 1841, 
just one month after his inauguration. On the death of Har- 
rison, Tyler, the Vice-President, became Acting President. 
Taylor died July 9, 1850, and Fillmore, Vice-President, 

became Acting President. Lincoln was :. urinated on 

the 12th April, 1865, one month and eight days alter he 
was inaugurated upon his second term ; and Andrew John- 
son, the Vice-President, became Acting President ; this 
being the third time that such an event has occurred since 
the government went into operation. 



28 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER V. 
The Vice-President. 

1. Tiie high sounding title of this officer, would lead 
one who is but little acquainted with our government 
to think that he stands next to the President himself in 
dignity and power; that on his shoulders rested a large 
amount of the duties and responsibilities of administra- 
tion. Such, however, is not the case. He is, in fact, 
nearer a cipher than any of the high officers of State. 
He is merely the presiding officer of the Senate, with 
not even the power to vote, except in case of a tie vote 
in that body, when he may give the casting vote. It is 
only in case of the death, resignation, impeachment, or 
disability of the President to discharge his duties, that 
the Vice-President becomes an officer of much power 
or dignity. He is something like an heir apparent to a 
throne. The Constitution provides that he shall take 
the President's place in case any of the foregoing con- 
tingencies occur; and up to this date this has happened 
three times. 

2. He is elected at the same time and in the same 
manner as the President, and for the same term, and 
must possess the same qualifications ; that is, he must be 
a native citizen of the United States, and of the age of 
35 years. 



THE VICE-PRESIDENT. 29 

The following is a list of the names of all who have 
filled this office, from John Adams, the first, down to 
Andrew Johnson, the last, [at this time 1867,] with the 
dates of entrance upon their duties: 
John Adams, Mass., 30th April, 1789, to 4th March, 

1797 — eight years. 
Thomas Jefferson, Va., 4th March, 1797, to 4th March, 

1801 — four years. 
Aaron Burr, N. Y., 4th March, 1801, to 4th March, 1805— 

four years. 
George Clinton, N. Y., 4th March, 1805, to 20th April, 

1812 — seven years, one month, sixteen day-. 
Elbridge Gerry, Mass., 4th March, 1813, to 23d Nov., 

1814 — one year, seven months, nineteen days. 
Daniel D. Tompkins, N. Y., 4th March, 1817, to 4th March, 

1825 — eight years. 
John C. Calhoun, S. C, 4th March, 1825, to 4th March, 

1833 — eight years. 
Martin Van Burcn, N. Y., 4th March, 1833, to 4th March, 

1837 — four years. 
Richard M. Johnson, Ky., 4th March, 1837, to 4th March, 

1841 — four years. 
John Tyler, Va., 4th March, 1841, to 4th April, 1841— 

one month. 

George M. Dallas, Pa., 4th March, 1845, to 4th March, 

1849 — four years. 
Millard Fillmore, N. Y., 4th March, 1849, to 9th July, 

1850— one year, four months. 
William K. King, Ala. 
John C. Breckinridge, Ky., 4th March, 1857, to 4th March, 

1861 — four years. 
Hannibal Hamlin, Me., 4th March, 1SG1, to 4th March, 

18G5 — four years. 



30 



OUTLINES OP tT. S. GOVERNMENT. 



Andrew Johnson, Tenn., 4th March, 1865, to 12th April, 
1865 — one month, eight days. 

Of these, Clinton died April 20, 1812 ; from which time till 4th 
March, 1813, the Vice Presidency was vacant. 

Gerry died Nov. 23, 1814 ; from which time till 4th March, 1817, 
the Vice-Presidency was vacant. 

Tyler became acting President upon the death of President 
Harrison ; and until March 4th, 1845, the Vice-Presidency was va- 
cant. 

Fillmore became acting President upon the death of President 
Taylor, 9th July, 1850 ; and until March 4th, 1853, the Vice-Presi- 
dency was vacant. 

King was elected with President Pierce in 1852 ; but died 18th 
April, 1853. He never took his seat, and the Vice-Presidency was 
vacant till 4th March, 1857. 

Johnson became acting President upon the death of President 
Lincoln, 12th April, 1865 ; and the Vice-Presidency again became 
vacant, and must remain so till 4th March, 1869. 



STATE DEPARTMENT. 31 



CHAPTER VI. 



State Department, and Secretary of State 

1. The Constitution makes no mention of this depart 
ment of the government, or of any 6uch officer as Secre- 
tary of State, or indeed, of any other of the Executive 
Departments, or of their official heads. They were all 
created by acts of Congress ; and when it first met, the 
Constitution was the only guide it had for its action — 
bnt that clothed it w 7 ith all the legislative power of tho 
government. Consequently, at its very first session it 
passed such acts as were necessary to put the new gov- 
ernment into operation. Several departments were 
created, and the officers for their management were ap- 
pointed. This was the first of all the Executive depart 
ments created by Congress. In the outset it was found 
necessary to correspond and negotiate with Foreign 
Governments, and to have some duly authorized official 
to conduct such correspondence. Hence, this depart- 
ment of the government was established, and at first de- 
nominated " the department of Foreign Affairs;'' and 
the principal officer at its head was denominated "the 
Secretary for the department of Foreign Affairs." But 
before the close of this session of Congress, for some rea- 
son it was determined to change the denomination of it, 
from that of "Department of Foreign Affairs," to that 



32 OUTLINES OF U. S. GOVERNMENT. 

of " Department of State";" andthatof the Secretary, to 
u Secretary of. State ;" and by Jhese names they have 
ever since been known.' 

2. The Secretary of State in onr government, is the 
highest officer after the President. He is what in other 
governments is called the Prime Minister. In monarch- 
ical governments all the high officers of State are call- 
ed Ministers ; but in ours they are known by the modest 
name of Secretaries. 

Jjj a law passed in 1853, the office of Assistant Sec- 
retary of State was created. The incumbent acts under 
the direction of the Secretary. < Previous to this act, the 
principal inferior officer in the State Department was 
the Chief Clerk, who is appointed by the Secretary. 

3. The great Seal of the United States is in the cus- 
tody of the Secretary of State, and it is his duty to affix 
it to all civil commissions, to officers of the United States 
who are appointed by the President and Senate, or by 
the President alone. 

4. Under the direction and instruction of the Presi- 
dent, the law makes it his duty to hold correspondence 
and giv-e instructions to our Foreign Ministers and Con- 
suls, and also to hold correspondence with public Min- 
isters from Foreign Governments, and to do all other 
things relating to Foreign matters which the President 
shall direct him to perform. 

• 5. It is also made his duty to keep in his office the 
original copies of all acts, resolutions and orders of Con- 
gress. *Je must also deliver to each Senator and Rep- 
resentative in Congress, and to the Governor of each 
State, a printed copy of the s&me; and during the ses- 



STATE DEPARTMENT. 3 



o 



sion'of each* Congress he'must publish the acts and reso- 
lutions passed by it in one newspaper in the District of 

Columbia, and in not more than two in each State and 
Territory of the United States. lie must also publish 
in like manner all amendments of the Constitution, and 
all public treaties made and ratified between the United 
States and any Foreign State, Prince or Power, or with 
any of the Indian tribes. 

6. And at the close of each session of Congress ne 
must cause to be published 11,000 copies in book form 
of all the laws, &c, as before stated ; and to distribute 
the same as directed by law to the President and Vice- 
President, and to every Ex-President ; to all the mem- 
bers of the Senate and House of Representatives ; to all 
the heads of the various Departments and Bureaus; t<> 
all the Judges of the United States Courts, their Clerks 
and Marshals; to all our Foreign Ministers, Consuls 
and Public Agents ; in short, to all the important Offi- 
cers of the government at home and abroad ; in order 
that all who are in government employ may know what 
the laws are, and what change- have been made in acts 
formerly existing. The remaining copies are distributed 
to the States and Territories according to the number of 
Representatives in Congress from each of them. 

7. It is also made the duty of the Secretary of State 
to give passports to our own citizens who wish to travel 
in Foreign countries ; to cause passports to be issued 
by such Diplomatic or Consular officers of the United 
States as the President shall direct; to give such in- j 
formation to our people through the newspapers as he ' 
may from time to time receive from our Diplomatic 






34 OUTLINES OF U. S. GOVERNMENT. 

and Consular agents abroad as he may deem import- 
ant to the nation, respecting our commercial interests 
in foreign countries, and to prepare a form of passport 
for American ships and vessels of tlie United States. 

8. In the execution of extradition treaties between 
ns and foreign governments, it is lawful for the Secre- 
tary of State, under his hand and seal of office, to issue 
an order for the rendition of any person who has been 
found guilty of crime in a foreign country, to any prop- 
erly authorized person ; that such criminal may be taken 
out of the United States to the country where the crime 
was committed. 

9. We have thus sketched the principal duties ot 
this high officer of State, and can readily see that they 
are arduous. Those which relate to foreign affairs are 
exceedingly responsible ; for peace or war may often 
depend on the skill and wisdom with which he man- 
ages our affairs with foreign governments. ! 

In addition to the foregoing duties, he is a member 
of the Cabinet, and hence is one of the President's 
advisers and counsellors : and in relation to foreign 
matters, he has more influence than anv other member 
of that body. He is appointed by the President, by j 
and with the advice and consent of the Senate. He is \ 
appointed for four years ; that is, during a Presidential j 
term ; but may be removed by the President at any | 
time. This however is rarely done. He receives a 
salary of $8,000 per annum. 

10. As a matter of historical reference, we append 
the names of all the statesmen who have tilled this 
high office, commencing with the first, and placing them 






STATE DEPARTMENT. 35 

in the order of the dates of their appointments, together 
with the States from which they came : 

Secretaries of State. 

Thomas Jefferson, Va., Sept. 2G, 1789. 
Edmund Randolph, Va., Jan. 2, 1794. 
Timothy Pickering, Mass., Dec. 10, 1795. 
John Marshall, Va., May 13, 1800. 
James Madison, Va., March 5, 1801. 
Robert Smith, Md., March 6, 1809. 
James Monroe, Va., April 2, 1811. 
John Quincy Adams, Mass., March 4, 1S17 
Henry Clay, Ky., March 7, 1825. 
Martin Van Buren., N. Y„ March 6, 1829. 
Edward P. Livingston, La., May 24, 1831. 
Louis McLean, Del., May 29, 1833. 
John Forsyth, Ga., June 27, 1834. 
Daniel Webster, Mass., March 5, 1841. 

H. S. Legart, S. C, May 9, 1843. 
A. P. Upsher, Va., June 24, 1843. 
John Nelson, Md., Feb. 29, 1844. 
John C. Calhoun, S. C, March 6, 1844. 
James Buchanan, Pa., March 5, 1845. 
John M. Clayton, Del., March 7, 1849. 
Daniel Webster, Mass., July 20, 1850. 
Edward Everett, Mass., Dec. 9, 1851. 
William L. Marcy, N. Y., March 5, 1853. 
Lewis Cass, Michigan, March 6, 1857. 
Jeremiah S. Black, Pa., Dec. 14, 1860. 
William H. Seward, N. Y., March 5, 1861. 



o 



G OUTLINES OF U. S. GOVERNMENT. 



CHAPTER VII. 
Secretary of the Treasury; 

1. If any department of the government should ever 
be abolished, it certainly will not be this ; for without 
it, or some institution very similar in its plan, the gov- 
ernment itself would crumble into its original elements, 
— individual persons. Without money, no government 
could be sustained. The Treasury is the place into 
which the money flows, and from which it flows. 

2. The United States Treasury is the receptacle of all 
the funds, [or an account of them] collected from what- 
ever source, for carrying on the various operations of 
the government. It was established by a law of Con 
gress in 1789 ; and with such modifications of the law 
as experience has proved to be necessary, it remains to 
this day. We embrace in our account of the Treasury 
department, its head, the Secretary of the Treasury, 
and his duties ; for it would be difficult to describe one 
without the other. This office was created at the same 
time with the department itself. It is one of great re- 
sponsibility, and the incumbent should be thoroughly 
skilled in the science and management of finances ; for 
no man in the United States has such vast sums to pro- 
vide for, receive, and disburse, as the Secretary of the 



SECRETARY OF THE TREASURY. 37 

Treasury. Daring the late civil war they amounted to 
hundreds of millions a year. 

3. He is appointed, like all other heads of departments, 
by the President and Senate; holds his office for four 
years, unit ooner removed ; is a member of the Cabinet ; 
and receives S s ,000 a year as salary. Connected with him, 
as aids in the discharge of his duties, are an assistant Secre- 
tary, a Comptroller, and second Comptroller, five Au- 
ditors, Treasurer, and his assistant, a It gister mkI his as- 
sistant, a Commissioner of Customs, a Comptroller of the 
Currency, and a deputy and a Solicitor of the Treasury ; all 
these officials are appointed by the President and Senate . 

4. These, with several hundred clerks, constitute the 
officials and machinery by which this great department 
of the Government is operated. It would he quite too 
tedious, and of doubtful utility, to describe the particular 
duties of each of these 1 officials. S iffiee it therefore to say, 
that each one has his specific duties to perform, without 
any interference with others : and perhaps the world could 
not show another establishment, where such a vast 
amount of business is transacted with more order, >kill and 
accuracy than at this office. 

5. Here the accounts of all receivers and disbnre ra of 
Government money, are presented and settled; after having 
been examined and approved by several of the above 
named officials, who are charged with this duty. 

(5. The Commisioner of Customs attends to the accounts 
of Collectors of duties imposed on imported goods. The 
First Comptroller must collect debts due to the United 
States, and superintend the adjustment and preservation 
of the public accounts. 



38 OUTLINES OF U. S GOVERNMENT.' 

The First Auditor receives all accounts coming into 
the department; the Second, Third, Fourth and Fifth 
Auditors, each examine the accounts of such department 
as is assigned to them respectively. 

It is not necessary to go further in detailing the partic- 
ular duties of the officers of this department. We have 
only noticed a few of them, merely as examples of the sys- 
tem of conducting the business of this great branch of the 
Government. 

7. Let it not be understood that all the monies col- 
lected and disbursed by the United States are received, 
and paid out at the Treasury building at Washington, — 
which is only the principal office at the seat of Govern- 
ment, — for in addition to this there are Sub-treasuries in 
several of the large cities, where the public monies are 
received and disbursed. The head officers of these Sub- 
treasuries, are termed Assistant Treasurers. 

The law also makes the Treasurer of the Mint at Phil- 
adelphia, and the Treasurers of some of the branch mints, 
Assistant Treasurers, for they have public monies in their 
keeping, and if so ordered by the Treasury department at 
Washington, they disburse it as directed. The same or- 
ders are sometimes also given to Collectors, Post-masters, 
Eeceivers of the Land offices, &c, and they disburse as 
well as receive Government funds ; but the accounts of all 
these must be sent to, and settled in the office of the Secre- 
tary of the Treasury. 

8. Any one would readily suppose that men intrusted 
with the receipt and disbursement of such large sums of 
the people's money, should give security for their fidelity 
to their trusts. This the law requires, and this they must 



SECRETARY OF THE TREASURY. 39 

do, before they enter upon their r< q otive duties. But in 
6pite of all precautions, dishonest men get into those 
places ; and public defaulters are not rare specimens of 
humanity, among office holders. 

9. The following are the names of all who have hern 
Secretaries of the Treasury, from 1789, down to the present 
time 

SECRETARIES OF THE TREASURY. 

Alexander Hamilton, N. Y., Sept, 12, 1789. 
Oliver Wolcott, Ct., Feb. 4, 1795. 
Samuel Dexter, Mass., Dec. 31, 1800. 
Albert Gallatin, Pa., May 14, 1801. 
George W. Campbell, Tenn., Feb. 9, 1814. 
Alexander J. Dallas, Pa., Oct. 6, 1814. 
William II. Crawford, Ga., Oct. 22, 1816. 
Richard Rush, Pa., Mar. 7, 1825. 
Samuel D. Ingham, Pa., Mar. 6, 1829. 
Louis McLane, Del., Aug. 8, 1831. 
William A. Duane, Pa., May 29, 1833. 
Roger B. Taney, Md., Sept. 23, 1833. 
Levi Woodbury, N. H., June 27, 1834. 
Thomas Ewing, 0., Mar. 5, 1841. 
Walter Forward, Pa., ^ept. 13, 1841. 
John C. Spencer, N. Y., Mar. 3, 1843. 
George M. Bibb, Ky., June 15, 1844. 
Robert J. Walker, Miss., Mar. 5, 1845. 
W. M. Meredith, Pa., Mar. 7, 1849. 
Thomas Corwin, O., June 20, 1850. 
James Guthrie, Ky., Mar. 5, 1853. 
Howell Cobb, Ga., Mar. 6, 1857. 



40 OUTLINES OF U. g. GOVERNMENT. 

Philip F. Thomas, Md., Dec. 10, 1860. 

John A. Dix, N. Y., 1861. 

Salmon P. Chase, O., Mar. 5, 1861. 

•Hugh McCullough, Indiana, the present incumbent 



SECRETARY OF WAR. 41 



CHAPTER VIII. 
The War Department, and Secretary of Wa r . 

1. The name of this department sufficiently indicates 

the design and object of its creation, and the kind of pub- 
lic business committed to its care and management. The 
Secretary ef War is the head of it, its principal officer. 
He is one of the great officers of State, and a member of 
the Cabinet. He, like all the heads of departments, is ap- 
pointed by the President and Senate. Four years is the 
time for which lie is appointed, but lie may be sooner re- 
moved by the President if* lie Bees lit to do so. He rcceh 
$8,000 per annum as his salary. In military authority he 
ranks next to the President. 

2. As stated in another place, the Constitution makes 
no specific provision for this, or any other of the depart- 
ments into which the Government is divided. They are 
all the creations of Congress, and exist by enactments of 
law. The War Department, with several others, were 
created at the first session of the first Congre--, which 
met after the Government went into operation, under the 
Constitution in 1789. 

3. We can convey no better idea of the object of estab- 
lishing this department and the officer at its head, than 
by quoting the first section of the act by which they were 
created. " There shall be an executive department to be 



42 OUTLINES OF U. S. GOVERNMENT. 

denominated the Department of War; and there shall be 
a principal officer therein, to be called the Secretary for the 
Department of War, who shall perform and execute such 
duties as shall from time to time be enjoined on, or en- 
trusted to him by the President of the United States, 
agreeably to the Constitution, relative to military commis- 
sions or to the land forces, ships, or warlike stores of the 
United States ; or to such other matters respecting mili- 
tary affairs, as the President of the United States shall as- 
sign to the said department ; and furthermore, the said 
principal officer shall conduct the business of the said de- 
partment in such manner as the President of the United 
States shall from time to time order or instruct." 

4. According to the act by which this department was 
established, a Chief Clerk, appointed by the Secretary, 
was the second officer in authority in it, and acted in his 
stead in case of vacancy in the Secretaryship. But in 
1861, Congress passed an act, authorizing the President to 
appoint an Assistant Secretary of War; and in 1862, ano- 
ther act was passed, authorizing the appointment of two 
additional Assistants. This, however, was intended as a 
temporary arrangement ; to last only during the existence 
of the lamentable civil war which was at the time in prog- 
ress ; and which necessarily greatly increased the business 
of the department. 

5. The Secretary of War has in his keeping all books, 
records, and papers, relating to military affairs. Here are 
to be found the names of all officers and men in the army, 
whether in the regular army or in the volunteer service. 
Connected with the War Department, are a number of 
sub-departments, or bureaus, as these sub-departments are 



SECRETARY OF WAB. 43 

commonly called; among which are the Commissary, the 
Quartermaster's and Ordnance Departments. These are 
all under the general supervision and direction of the Sec- 
retary. 

G. In time of peace the War Department attracts no 
particular public notice. But in time of war it di 
around it more attention than any other branch of the 
Government; for on its good or had management the 
weal or woe of the nation depends. 

Hence the Secretary of War should be a man well 
acquainted with military affairs, of sound judgment, and 
of undoubted integrity. In this department all account 

relating to military matters are kept and adjusted. 
In addition to the Assistant Secretai the President 

and Senate were authorized in 1863 to appoint a Solicitor 
in the War Department. These, with a 1; clerical 

force, transact the business of this important branch of 
the Government. 

The following is a list of the names of all who have filled 
the office of the Secretary of War, from the first down to 
the present incumbent, with the d:it« - of their appoint- 
ment, and the States in which they lived. 

BCBBTASIES OF WAR. 

Henry Knox, Mass., Sept. 12, 1789. 
Timothy Pickering, Pa., Jan. 2, 170"'. 
James McIIenry, McL, Jan. 27, 1790. 
James Marshall, Va., May 7, 1800. 
Samuel Dexter, Mass., May 13, 1800. 
Roger Griswold, Ct., Feb. 3, 1801. 
Henry Dearborn, Mass., March 5, 1801. 
William Eustis, Mass., March 7, 1809. 



44 OUTLINES OF TJ. S. GOVERNMENT. 

John Armstrong, N*. Y., Jan. 13, 1813. 
James Monroe, Va., Sept. 27, 1814. 
William H. Crawford, Ga., March 2, 1815. 
Isaac Shelby, Ky., March 5, 181 7. 
G. Graham, Va., April 7, 1817. 
John C. Calhoun, S. C, Oct. 8, 1817. 
James Barbour, Va., March 7, 1825. 
Peter B. Porter, N. Y., May 26, 1828. 
J. H. Eaton, Tenn., March 9, 1829. 
Lewis Cass, Mich., Aug. 1, 1831. 
Benjamin F. Butler, N. Y, March 3, 1837. 
Joel R. Poinsett, S. C, March 7, 1837. 
John Bell, Tenn., March 5, 1841. 
John McLean, O., Sept. 13, 1841. 
John C. Spencer, N. Y, Oct. 12, 1841. 
James W. Porter, Pa., March 8, 1843. 
William Wilkins, Pa., Eeb. 15, 1844. 
"William L. Marcy, N. Y, March 5, 1845. 
George W. Crawford, Ga., March 6, 1849. 
Charles M. Conrad, La., Aug. 8, 1850. 
Jefferson Davis, Miss., March 5, 1853. 
John B. Floyd, Va., March 6, 1857. 
Joseph Holt, Ky., Dec. 30, 1860. 
Simon Cameron, Pa., March 5, 1861. 
Edwin M. Stanton, Pa., Jan- 13, 1862. 



SECRETARY OF THE NAVY. 45 



CHAPTER IX. 
Wavy Department, and Secretary of the Navy. 

1. The navy and the army arc the two strong arms 
of the nation. By these we preserve order at home 
and protect ourselves against wn>n_ ibroad or inva- 
sions of onr rights by any foreign power, whether at 
home or elsewhere. They may be termed the bel- 
ligerent parts of the Government ; and if we institute a 
comparison between them, it is not easy to determine 
which is the strongest arm, or which is the must el 
cient agent of national defence. 

2. The Navy Department, like the War Department, 
was established at an early period after the adoption of 
the Constitution. The office of Secretary of the Navy 
was created at the same time that the department itself 
was. lie is appointed by the President and Senate, 
is one of the highest officers of the Government, one i 
the seven members of the Cabinet, and receives a salary 
of $$,000 per annum. 

| As the President is Commander-in-Chief as well of 
the Navy as of the Army, the Secretary of course acts 
under his direction. It is made his duty to execute 
the President's orders relative to the procurement of 
naval stores and materials, and the construction, arma- 
ment, equipment and employment of vessels of war, and 



46 OUTLINES OF U. S. GOVERNMENT. 



a 



11 other matters connected with the naval establish- 
ment. 

3. As in the War Department, a head clerk was 
formerly second in rank and authority in this ; but in 
the year 1861, by an act of Congress, the office of As- 
sistant Secretary of the Navy was created. Its incum- 
bent fills the second place, and acts as Secretary in the 
absence of that officer. 

Formerly there were five bureaus in this department, 
but in 1862 three more were added, making eight, as 
follows : 

1. A Bureau of Yards and Docks. 

2. A Bureau of Equipment and Recruiting. 

3. A Bureau of Navigation. 

4. A Bureau of Ordnance. 

5. A Bureau of Construction and Repairs. 

6. A Bureau of Steam Engineering. 

7. A Bureau of Provisions and Clothing. 

8. A Bureau of Medicine and Surgery. 

The President and Senate appoint all the heads of 
these bureaus, and select them principally from officers 
of high rank in the navy. They are all appointed for 
four years, and each receive a salary of $3,500 per an- 
num. 

4. The Secretary appoints all the clerks in each of 
these bureaus, and distributes such duties to each as he 
thinks proper. They all act under his direction. He 
must annually report to Congress the state and condi- 
tion of his department, and the expenditures of the 



SECRETARY OF THE NAVY. 47 

same, specifying the amounts expended for the items of 
building, repairing, wages of mechanics, laborers, 
equipping vessels of the navy, <kc. y Arc. 

SECRETARIES OF THE NAVY. 

The following list embraces the names of all the B 
retaries of the Navy, from George Cabot, the first, to 
Gideon Welles, the present incumbent. 

George Cabot, Mass., May 3, 1798. 
Benjamin Stoddard, Mass., May 21, 1798. 
Eobert Smith, Md., July 15, 1801. 
J. Crowningshield, Mass., May 3, l v,, r>. 

Paul Hamilton, S. C, March 7, 1809. 
William Jones, Pa., Jan. 12, 1813. 
B. W. Crowningshield, Mass., I > \ 17, 1S14. 
Smith Thompson, N. Y., Nov. 9, l s l x . 
John Rogers, Mass., Sept. 1, 1S23. 
S. L. Southard, N. J., Sept. 10, 1823. 
John Branch, N. C, March 9, 1829. 
Levi Woodbury, N. II.. May 23, 1831. 
Mahlon Dickerson, X. J June 30, 1834. 
J. E. Paulding, N. Y., June 20, 1838. 
G. P. Badger, N. C, March 5, 1841. 
Abel P. Upsher, Ya., Sept. 13, 1841. 
David Ilenshaw, Mass., July 24, 1S43. 
T. W. Gilmer, Ya., Feb. 12*, 1814. 
John Y. Mason, Ya., March 14, 1844. 
George Bancroft, Mass., March 10, 1845. 
John Y. Mason, Ya., Sept. 9, 184G. 



48 OUTLINES OF U. S. GOVERNMENT. 

William J3. Preston, Va., March 7, 1849. 
William A. Graham, K C, July 20, 1850. 
J. P. Kennedy, Md., July 22, 1850. 
J. C. Dobbin, N. C, March 5, 1853. 
Isaac Toucey, Ct, March 6, 1857. 
Gideon Welles, Ct, March 5, 1801. 




! 



SECRETARY OF THE INTERIOR. 49 



CHAPTEPw X. 
Znterior Department and Secretary of the Interior. 

1. A little reflection ^vill enable any one to under- 
stand that there must necessarily be a constantly in- 
creasing amount of business to be done by a govern- 
ment whose territory and population have increased I 
rapidly as they have done in the United States. In 
every department there has been an accumulation of 
work to be done and of duties to be performed, 

2. In consequence of this htate of things, Congress, in 
1S49, passed an act creating a new executive depart- 
ment, called " the Department of the Interior/' which 
act also provided for the appointment of a head to this 
new branch of the government, called the Secretary of 
the Interior, lie is appointed like all the other Secre- 
taries, is one of the high oflicers of the Government, is 
a member of the Cabinet, and in compensation and 
dignity ranj^s with the Secretaries or heads of the other 

departments. 

3. In this act it was provided that the Secretary of 

the Interior should perform all the duties heretofore di - 
volving on the Secretary of State in relation to the 
office of Commissioner of Patents ; in other words, the 
Bureau of the Patent Office was transferred from the 
Department of State to that of the Interior. 



50 OUTLINES OF U. S. GOVERNMENT. 

In the same manner the General Land Office was 
transferred from the Treasury Department to this. 

The supervisory power heretofore exercised by the 
Secretary of the Treasury over the accounts of the 
marshals, clerks, and other officers of all the courts of 
the United States, w r as thereby placed in the hands of 
the new Secretary. The office of the Commissioner of 
Indian Affairs, heretofore attached to the War Depart- 
ment, was also transferred to this ; and the powers and 
duties of the Secretary of War, in relation to Indian 
affairs, were devolved on the Secretary of the Interior. 

4. The Secretaries of War and of the Navy were by 
the same act relieved of their duties in regard to the 
Commissioner of Pensions, and those duties were there- 
after to be performed by the Secretary of the new de- 
partment. 

The Census Bureau, heretofore attached to the State 
Department, and the duties of the Secretary of State in 
relation thereto, were also transferred to this depart- 
ment. 

To the Secretary was also given the supervisory 
power over the lead and other mines belonging to the 
United States, heretofore executed by the Secretary of 
the Treasury. 

The powers of the President over the Commissioners 
of Public Buildings were also transferred to him. 

5. He was also charged with the control over the 
Board of Inspectors and Warden of the Penitentiary of 
the District of Columbia. 

The Secretary of the Interior has the same pow T er in 



SECRETARY OF THE INTERIOR. 51 

appointing and removing clerks and other subordinates 
in his department that the Secretaries of the other de- 
partments had over these several bureaus before they 
were transferred to this department. 

This office has a seal, which must be affixed to the 
commissions of all its subordinate officers. 

The President and Senate appoint the Assistant Sec- 
retaries. 

From the foregoing it is easy to understand what 
branches of the public service are conducted in this 
office, and what are the duties of its Secretary. 

SECRETARIES OF THE INTERIOR. 

6. The following is a list of all who have filled the 
office of Secretary of the Interior since the establish- 
ment of the department : 

Thomas H. Ewing, Ohio, March 7, 1S49. 
Alexander IT. II. Stuart, Ya., Sept. 12, 1S50. 
Eobert McClelland, Mich., March 5, 1S53. 
Jacob Thompson, Miss., March C, 1S57. 
Caleb B. Smith, Ind., March 5, 1S61. 
John P. Usher, Ind., Jan. 7, 1S63. 
James Harlan, Iowa, 1SG5. 
Orville II. Browning, 111., 1S66. 



52 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER XL 

POST-OFFICE DEPARTMENT, AND POSTMASTER-GENERAL. 

1. The Post Office Department, is one of the most im- 
portant in the Government ; and one with which the peo- 
ple have more intercourse, and with which they are bet- 
ter acquainted than any other. A Post-office establish- 
ment is an institution by which the Government undertakes 
to transmit letters and other mailable matter, to the places 
where directed, for the people; instead of leaving them to 
do this business for themselves, in the best way they can. 
It is by no means peculiar to our Government, but is found 
in every civilized country, and dates from ancient times. 

2. To find the basis of our own establishment, we have 
to look at the Constitution. There, in Art. 1, Sec. 8, we 
shall find the words, " Congress shall have the power to 
establish post-offices, and post roads." These few words 
are the foundation of all our laws relating to post-offices, 
post masters, post roads, transportation of the mail, and 
everything else appertaining to the subject. 

3. Post-offices existed in this country before our Gov- 
ernment did ; for while we were in a colonial state 
under the English Government, it had established them 
at all important points, and also a tolerable mail sys- 
tem for that day and age. These were continued dur- 
ing the revolution, which resulted in the separation of 



POSTMASTER-GENERAL. 53 

this country from England. After our present Govern- 
ment became established, it enacted laws and made 
provisions for a Post Office department ; and this, with 
euch alterations and amendments as experience and the 
growth of the country required, has remained and is in 
operation at the present day. 

4. By law, a Postmaster-General is placed at the head 
of this department, who is appointed for four years by 
the President and Senate; his office is in the General Post 
Office at Washington ; his salary is $8,000 a year, he is a 
member of the Cabinet, and ranks as one of the hi^h 
officers of State. He has three assistants, who are ap- 
pointed in the same manner as himself. He has a seal of 
his office, an impression from which must be affixed to the 
commission of every postmaster in the United States ; and 
also to all transcripts of papers and documents which may 
be wanted from his office. The seal establishes their au- 
thenticity, and makes them proof of the same degree as the 
original papers. He must give bonds for the faithful per 
formance of his duties, and take the usual official oath be- 
fore he can enter upon those duties. 

nis DUTIES. 

5. The laws of the department make it his duty to ap- 
point all other postmasters (who are styled in law, Deputy 
Postmasters, but in common language, simply Postmas- 
ters), whose compensation is less than $1,000 per annum. 
All others are appointed by the President and Senate, or, 
as he is, himself. It is also his duty to establish post-offices 
wherever he may deem it necessary ; to provide for the 
transportation of the mail on all the post-roads in the 
United States ; and to foreign countries by sea. He must 



54 OUTLINES OF U. S. GOVERNMENT. 

give all deputies their instructions respecting their duties 
and receive from them their accounts of the receipts and 
expenditures of their respective offices ; pay all expenses 
for the transmission of the mails, and all others which re- 
late to the management of his department ; and once in 
three months render a quarterly account of all receipts and 
expenditures of the post office department ; and finally 
must superintend, control, and direct all deputy post- 
masters, agents, mail contractors, and employees in the 
mail service. 

THE MINOR POST OFFICES. 

6. The centre of this great machine is at Washington, 
the capital of the nation ; but its branches extend like the 
veins and nerves of the human body, in every direction 
and to every part. Post offices, for the accommodation of 
the people, are found in every city, village, town and 
neighborhood, throughout the length and breadth of the 
land. 

During the late civil war, a great many of them were 
discontinued in the Southern States ; some of which have 
been re-established since the close of the war. For this 
reason we are not able to state the exact number of post 
offices in the United States, at the present time ; but from 
the number known before the war, we judge there are not 
far from thirty thousand. Each has its postmaster, and 
when necessary, its assistants and clerks. This affords 
some idea of the vastness of this great Government institu- 
tion for the diffusion of intelligence among the people. It 
not only reaches out its arms to the remotest boundaries 
of our own country, but by the agency of ships, they 



POSTMASTER-GENERAL. 55 

stretch over the seas, and extend to every part of the hab- 
itable earth. 

POST EOADS. 

7. It is the business of Congress to say what roads shall 
be post roads, and post routes, and whether the mails 
shall be carried by land or by water. In the exercise of 
this power it has declared that all railroads shall be post 
reads. Post routes, are also established between this 
country and foreign countries, by ships. The Postmaster 
General is empowered to contract with the owners of ships 
going to foreign countries, to carry the mails to and from 
the places of their departure and destination. Thus the 
ocean is made into numerous mail routes. 

KATES OF POSTAGE. 

8. Cheap postage is of recent date. England first tried 
the experiment, by making one penny the uniform rate of 
postage on single letters, to all parts of that kingdom. 
This was very acceptable to the people, and worked so 
well, that the United States followed her example. Here 
it has proved equally satisfactory to the people, and a per- 
fect success. 

In establishing the present rates of postage, two objects 
were aimed at; first, to diminish the cost of sending let- 
ters, and second, to make the rates uniform to all parts of 
the country irrespective of distance. Formerly the rate9 
were much higher, and were made to depend on two cir- 
cumstances, Jirst, the distance over which the letter was to 
be sent, and this varied from six to twenty-five cents ; 



56 OUTLINES OF U. S. GOVERNMENT. 

second, the number of pieces on which the letter was writ- 
ten, counting every piece of paper as a letter. 

But by recent laws, this has all been changed ; any dis- 
tance within the United States, makes no difference in the 
rate or charge for carrying ; and instead of counting the 
pieces of paper used, weight is made the basis of charge. 
Half an ounce is reckoned a single letter, and every half 
ounce more, or a fraction of it, is counted as another- 
Three cents is the rate of a single letter, and an addition 
of three cents more for every additional half ounce or frac- 
tion of it. The uniformity consists in disregarding dis- 
tance in the computation of the rate charged for transpor- 
tation. The charges for carrying newspapers, and other 
printed matter, were also greatly reduced from former 
rates. Formerly, under the old system, postage might be 
prepaid, or paid upon delivery of the letter, and the Gov- 
ernment lost the postage on all letters never called for. 
But under the present system, all mailable matter, except 
newspapers and regular periodical publications sent to sub- 
scribers, must be prepaid by postage stamps. 

FRANKING PRIVILEGE. 

9. This means the right to send letters, documents, &c M 
through the post office, free, or without paying postage 
therefor. This privilege was so abused that the law was 
changed, and restricted to a certain class of officers of the 
Government, when sending or receiving official communi- 
cations, those which related to the business of their re- 
spective offices, and to the President, Vice-President, 
members of Congress, and chiefs of the several executive 
departments. Petitions to Congress may also be franked. 



POSTMASTER-GENERAL. 57 

DEAD LETTERS. 

10. Dead Letters are those which are never called for 
at the respective offices where sent. The law directs that 
they shall be advertised three weeks in some newspaper 
in, or near the post office where the letter is ; and if not 
called for in three months thereafter, they must be sent to 
the General Post Office at Washington, as Dead Letters. 
There they are opened, and if they contain money or val- 
uable papers they are returned to the writers, and the 
money and papers are kept at the General Post Office, 
— where an account of them is kept, — and will be returned 
to the owners whenever they call for them. 

As in the other departments, we append at the end of 
this chapter, a list of all the heads of this department, 
from the first down to the present time. 

Without wearying the reader with a detailed statement 
of the condition of the department for every year since its 
establishment, we give the number of offices, and the 
number of miles of post roads as they were every tenth 
year. This will be found sufficient to show the wonderful 
increase of business in this branch of the public service 
since 1790, the first year after the Government was put 
into operation. 

In 1790 there were but 75 post offices, and 1,875 m. of post roads. 

" 20,817 

« 36,400 " 

« 72,492 « 

« 115,176 « 

« 155,739 « 

" 178,672 « 

« Old 5QJ. « 



1800 


a 


903 


1810 


u 


2,300 


1820 


CI 


4,500 


1830 


a 


8,450 


1840 


a 


13,463 


1850 


it 


18,417 


I860 


u 


28,49S 



240 ; 594 



58 OUTLINES OF U. S. GOVERNMENT. 

POSTMASTERS GENERAL. 

Samuel Osgood, Mass., Sept. 26, 1789. 
Timothy Pickering, Mass., Aug. 12, 1791. 
Joseph Habersham, Ga., Feb. 25, 1795. 
Gideon Granger, Ct., Nov. 28, 1801. 
Eeuben J. Meigs, 0., March 17, 1814. 
John McLean, 0., June 25, 1823. 
William J. Barry, Ky., March 9, 1829. 
Amos Kendall, Ky., March 1, 1835. 
John M. Niles, Ct., May 18, 1840. 
Francis Granger, N. Y., March 6, 1841. 
Charles A. Wickliff, Ky., Sept. 13, 1841. 
Cave Johnson, Tenn., March 5, 1845. 
Jacob Collamer, Vt., March 7, 1849. 
Nathan K. Hall, N. Y., July 20, 1850. 
S. D. Hubbard, Ct., Aug. 31, 1852. 
James Campbell, Pa., March 5, 1853. 
Aaron V. Brown, Tenn., March 6, 1857. 
Joseph Holt, Ky., March 14, 1859. 
Horatio King, Jan. 1, 1861. 
Montgomery Blair, Md., March 7, 1861. 
William Dennison, O., Oct. 1, 1864. 
Alexander W. Randall, Wis., July 15, 1866. 



ATTORNEY-GENERAL. 59 



CHAPTER XII ^ . 

Attorney General. 

The Attorney-General of the United States, is one of 
the high officers of the Government, and is a very re- 
sponsible one. , The law by which the office of At tome y- 
Generarwas created we find in an Act passed as far back 
as 1789, at the first session ever held by Congress; in 
which his duties arc thus defined : " Whose duty it shall 
be to prosecute and conduct all suits in the Supreme 
Court, in which the United States shall be concerned ; and 
to give his advice and opinion upon questions of law when 
required by the President of the United States ; or when 
requested by the heads of departments, touching any 
matters that may concern their departments." 

By an Act passed in 18G1, he is charged with the gen- 
eral superintendence of all the Attorneys and Marshals 
in all the Judicial Districts in the United States and Ter- 
ritories, as to the manner of discharging their duties. 

He is appointed by the President and Senate, and holds 
his office at the pleasure of the President. 

He is a member of the Cabinet, and now receives a sal- 
ary of eight thousand dollars per year. He has an as- 
sistant, and clerks to aid him in the discharge of his duties. 

His office is in Washington. 

This, with the preceding six chapters, contains a brief 
account of what are properly called Executive depart- 






GO OUTLINES OF U. S. GOVERNMENT. 

ments of the Government ; Sub-departments are properly- 
termed Bureaus, while the three great divisions into 
which the Constitution divides the Governmental powers, 
viz., the Legislative, Executive, and Judicial, should be 
denominated branches. 

ATTORNEYS-GENERAL. 

Edmund Randolph, Va., Sept. 26, 1789. 
William Bradford, Pa., June 27, 1794. 
Charles Lee, Va., Dec. 10, 1795. 
T. Parsons, Mass., Feb. 20, 1800. 
Levi Lincoln, Mass., March 5, 1801. 
Robert Smith, Md., March 2, 1805. 
John Breckenridge, Ky., Dec. 1806. 
Caesar A. Rodney, Del., Jan. 20, 1807. 
William Pinckney, Md., Dec. 11, 1811. 
Richard Rush, Pa., Feb. 10, 1814. 
William Wirt, Md., Dec. 16, 1817. 
John McPherson Berrian, Ga., Mar. 9, 1829. 
Koger B. Taney, Md., July 20, 1831. 
Benjamin F. Butler, N. Y., Nov. 15, 1833. 
Felix Grundy, Tenn., July 7, 1838. 
Henry D. Griffin, Pa., Jan., 11, 1840. 
John J. Crittenden, Ky., Mar. 5, 1841. 
Hugh S. Legare,C. S., Sept., 13, 1841. 
John Nelson, Mel., July 1, 1843. 
John Y. Mason, Va., Mar. 5, 1845. 
Nathan Clifford, Me., Oct. 16, 1846. 
Isaac Toucey, Ct., Jan. 21, 1848. 
Keverdy Johnson, Md., Mar. 7, 1849. 



ATTORNEYS- GENERAL. 

John J. Crittenden, Ky., July 20, 1850. 
Caleb Cushing, Mass., Mar. 5, 1853. 
Jeremiah S. Black, Pa , Mar. 6, 1857. 
Edwin M. Stanton, Pa., Dec. 14, 1860. 
Edward Bates, Mo., Mar. 5, 1861. 
James Speed, Ky., Dec. 1864. 
Henry Stanberry, O., July, I860, 



61 



(52 OUTLINES OF U. S. GOVERNMENT. 






CHAPTER Xni. 

The Cabinet. 

1. The Cabinet is composed of the Secretaries of State, 
War, Navy, Treasury, and Interior, together with the 
Postmaster-General and the Attorney-General. Seven in 
all. They are ex-officio members of the Cabinet, and the 
President's advisers. All of them are nominated to their 
respective offices, as Secretaries, &c, by him ; but cannot 
act, unless by the consent of the Senate. In this respect, 
they are like all other officers appointed by the President 
and Senate, although in common parlance it is often 
said the President chooses his own Cabinet. This might 
seem to mean that he, and he alone chooses them, without 
advice, or consultation with any body. 

2. The Senate, rarely, if ever, refuses consent to the 
nominations of the President, for these appointments; for 
it is conceded that without some extraordinary objection, 
such as notorious bad character, or unfitness for the posi» 
tion, the President should have the selection of his own 

advisers. 

3. When they meet with the President, to consult 

with him, on the affairs and administration of the govern- 
ment, it is called " a Cabinet meeting." Our foreign af- 
fairs and relations with other governments form the sub- 
jects of much of their deliberations; in England, and in 
most of the countries in Europe, the men who fill these 
positions in these governments, are called ministers. In 
England they also hold seats in Parliament, and debate 



THE CABINET. no 

and vote like other members ; but in the United States 
Government, the members of the Cabinet neither have 
Beats in Congress, nor take any part in its proceedings. 
As Secretaries, and heads of their respective departments, 
they annually report to Congress, what has been dune in 
and what is the state and condition of their departments. 
They also suggest, or recommend to Congress, such legis- 
lation, as in their judgment is required for that branch 01 
the government under their supervision. 

4. It is therefore easily understood, that the Cabinet is 
not a body of officials chosen as the advisers of the Presi- 
dent; and that that is their only duty. Xot so; their 
membership in the Cabinet only grows out of the offices 
or places they hold in the government. The moment any 
one ceases to hold that office, that moment he ceases to be 
a member of the Cabinet. 

5. To the foregoing, Ave will add a little of the history 
of the Cabinet: under Washington's Administration it 
consisted of but three members, viz: the Secretary of 
State, the Secretary of the Treasury, and the Secretary of 
War. There was no Secretary of the Navy during his 
Administration. The department of the Navy was not 
established until 1798, when John Adams was President ; 
under his Administration it consisted of four members, for 
the Secretary of the Navy was added, and so it continued 
down to Jackson's Administration (1829 — 1837,) when the 
Postmaster-General was made a member ; so that it con- 
sisted of five members. It stood at that number until 
John Tyler became the acting President, from the deatli 
of President Harrison, 1841 — 1845, when the Attorney- 
General was made a member; and m 1840, on the third of 



64 OUTLINES OF U. S. GOVERNMENT. 

March, the last day of Mr. Polk's administration, the de- 
partment of the Interior was established, and the office of 
"Secretary of the Interior" was created, and he also was 
made a member of the Cabinet. Under President Taylor's 
administration, which commenced on the fourth of March, 
1849, and since, the number of Cabinet officers has been 
seven. Whether it has reached its maximum, or not, de- 
pends on what Congress may do hereafter in creating 
other great departments of Government. If they do so, 
their heads, or Secretaries, will probably be added to the 
Cabinet. 

6. As a piece of historical information, and for the con- 
venience of ready reference, we here insert the names of 
those who have been members of the Cabinet, under all 
the adminstrations, from Washington's (the first), down to 
the present year (1867): and for the purpose of showing 
who was the Vice-President, with each President ; we in- 
sert his name also, although he is never a member of the 
Cabinet. By this it will be seen that several persons oc- 
cupied the same positions under the same administra- 
tions ; and that upon every change of the heads of de- 
partments, the Cabinet was changed. 

First Administration, from 1789 to 1797,-8 tears. 

George Washington, Va., President. 
John Adams, Mass., Vice-President. 

CABINET. 

Secretaries of State. 
Thomas Jefferson, Va. 
Edmund Randolph, Va. 



TIIE CABINET. Q5 

Timotliy Pickering, Mass. 

Secretaries of the Treasury. 

Alexander Hamilton, N. Y. 
Oliver Wolcott, Conn. 

Secretaries of War. 

Timothy Pickering, Mass. 
James McIIenry, Md. 
Henry Knox, Mass. 

SECOND ADMINISTRATION, 1797 TO 1801, 4 YEAES. 

John Adams, Mass., President. 

Vice-Pres ident. 
Thomas Jefferson, Va. 

CABINET. 

Secretaries of State. 

Timotliy Pickering, Mass. 
John Marshall, Va. 

Secretaries of the Treasury. 

Oliver Wolcott, Ct. 
Samuel Dexter, Mass. 

Secretaries of War. 

James McIIenry, Md. 
Samuel Dexter, Mass. 
Ro^er Griswold. 

Secretaries of the Navy. 

George Cabot, Mass. 
Benjamin Stoddert, Md. 



06 OUTLINES OF U. S. GOVERNMENT. 

THIRD ADMINISTRATION, 1801 TO 1809, 8 YEARS. 

Thomas Jefferson, Va., President. 

Vice-Presidents. 

Aaron Burr, N". Y. 
George Clinton, N. Y. 

CABINET. 

Secretary of State* 

James Madison, Va. 

Secretaries of the Treasury* 
Samuel Dexter, Mass. 
Albert Gallatin, Pa. 

Secretary of War a 
Henry Dearborn, Mass. 

Secretaries of Navy 
Benjamin Stockier fc, Mch, 
Robert Smith, Md. 

FOURTH ADMINISTRATION, 1809 TO 1817, — 8 YEARS. 

James Madison, Va. President. 

Vice Presidents. 

George Clinton, N. Y. 
Elbridge Gerry, Mass. 

CABINET. 

Secretaries of State. 
Robert Smith, Md. 
James Monroe, Va. 

Secretaries of the Treasury. 
Albert Gallatin, Pa. 



THE CABINET. Q7 

George W. Campbell, Tenn. 
Alexander J. Dallas, Pa. 

Secretaries of War. 

William Eustis, Mass. 
John Armstrong, N. Y. 
James Monroe, Va. 
William H. Crawford, Ga. 

Secretaries of Navy. 

Paul Hamilton, S. C. 

William Jones, Pa. 

B. W. Crowningshield, Mass. 

FIFTH ADMINISTRATION, 1817 TO 1825, 8 YEARS. 

James Monroe, Va. President. 

Vice President. 
Daniel D. Tompkins, N. Y. 

CABINET. 

Secretary of State. 

John Q. Adams, Mass. 

Secretary of the Treasury. 

William H. Crawford, Ga. 

Secretaries of War. 

Isaac Shelby, Ky. 
John C. Calhoun, S. C. 

Secretaries of the Navy. 

B. W. Crowningshield, Mass. 
Smith Thompson, N. Y. 
Sam'l L. Southard, N. J. 

C 



, 



C6 OUTLINES OF U. S. GOVERNMENT. 

SIXTH ADMINISTRATION, 1825 TO 1829, 4 YEARS. 

John Q. Adams, Mass., President. 

Vice President. 
John C. Calhoun, S. 0. 

CABINET. 

Secretary of State. 
Henry Clay, Ky. 

Secretary of the Treasury. 
Richard Rush, Pa. 

Secretaries of War. 

James Barbour, Va. 
Peter B. Porter, N. Y. 

Secretary of Navy. 
Samuel L. Southard, N". J. 

SEVENTH ADMINISTRATION, 1829 TO 1837, — 8 YEARS, 

Andrew Jackson, Tenn.- President. 
Vice Presidents. 

John Calhoun, S. C. 
Martin Van Buren, N. Y* 

CABINET. 

Secretaries of State. 

Martin Van Buren, N. Y. 
Edward Livingston, La. 
Louis McLane, Del. 
John Forsyth, Geo. 






THE CABINET. (j«j 

Secretaries of the Treasury. 

Samuel D. Ingham, Pa. 
Louis McLane, Del. 
William J. Duane, Pa. 
Roger B. Taney, Md. 
Levi Woodbury, N. H. 

Secretaries of War. 

John IT. Eaton, Tenn. 
Lewis Cass, Mich. 
Benjamin F. Butler, N. Y. 

Secretaries of the Navy. 

John Branch, N. C. 
Levi Woodbury, N. H. 
Mahlon Dickerson, N. J. 

Postmasters- General, and for the first time considered 
members of the Cabinet. 

John McLean, O. 
William F. Barry, Ky. 
Amos Kendall, Ky. 

EIGHTH ADMINISTRATION, 1837 TO 1841,— -4 YEARS. 

Martin Van Buren, N". Y., President. 

Vice President. 
Richard M. Johnson, Ky. 

CABINET. 

Secretary of State. 
John Forsyth, Geo. 



/ 



7o ' OUTLINES OF U. S. GOVERNMENT. 

Secretary of the Treasury. 
Levi Woodbury, N. H. 

Secretary of War. 
Joel R. Poinsett, S. 0. 

Secretaries of the Navy. 
Mahlon Dickerson, N. J. 
James K. Paulding, N". Y. 

Postmasters- General. 
Amos Kendall, Ky. 
John M. Niles, Ct. 

NINTH ADMINISTRATION, MARCH 4, 1841, TO APRIL 4, 

1841. 

William Henry Harrison, O., President. 

Vice President. 
John Tyler, Va. 

Secretary of State. 

Daniel Webster, Mass. 

Secretary of the Treasury. 
Thomas Ewing, O. 

Secretary of War. 
John Bell, Tenn. 

Secretary of Navy. 
George E. Badger, 1ST. C. 

Postmaster- General. 
Gideon Granger, N. Y. 

TENTH ADMINISTRATION, APRIL 6, 1841, TO MARCH 4, 

1845. 

John Tyler, Va., (acting) President, by death of 
Harrison. 



TIIE CABINET. 71 

CABINET. 

Secretaries of State. 
Daniel Webster, Mass, 
Abel P. Usher, Va. 
John C. Calhoun, S. C. 

Secretaries of the Treasury. 
Thomas Ewing, O. 
Walter Seward, Pa. 
John C. Spencer, N. Y. 
George M. Bibb, Ky. 

Secretaries of War. 
John Bell, Tenn. 
John C. Spencer, N". Y. 
James M. Porter, Pa. 
William Wilkins, Pa. 

Secretaries of the Navy. 
George E. Badger, N. C. 
Abel P. Upsher, Va. 
David Henshaw, Mass. 
G. W. Gilmer, Va. 
John Y. Mason, Va. 

Attorneys- General. 
Hugh S. Legare, S. C. 
John Nelson, Md. 

Postmasters- General. 

Francis G. Granger, N". Y. 
Charles A. Wickliffe, Ky. 

ELEVENTH ADMINISTRATION, MARCH 4, 1845, TO MARCH 4, 

1849, 4 YEARS. 

James K. Polk, Tenn., President. 






72 OUTLINES OF U. S. GOVERNMENT. 

Vice-President 
George M. Dallas, Pa. 

CABINET. 

Secretary of State. 
James Buchanan, Pa* 

Secretary of the Treasury. 
Robert J.Walker, Miss. 

Secretary of War. 
William L. Marcy, N. Y. 

Secretaries of Navy. 
George Bancroft, Mass. 
John Y. Mason, Va. 

Postmaster- General. 
Cave Johnson, Tenn. 

Attorneys- General. 
John Y. Mason, Va. 
Nathan Clifford, Me. 
Isaac Toucey, Ct. 

TWELFTH ADMINISTRATION, MARCH 4, 1S49, TO JULY 10 5 
1850, 1 YEAR AND 4 MONTHS. 

Zachary Taylor, La., President. 

Vice President. 
Millard Fillmore, N. Y. 

CABINET. 

Secretary of State. 
John M. Clayton, Del. 

Secretary of War. 
George W. Crawford, Geo. 

Secretary of the Treasury \ 
William M. Meredith, Pa. 




TIIE CABINET. 73 

Secretary of the Navy. 
William B. Preston, Va. 

Secretary of the Interior. 
Thomas Ewing, Ohio. 

Postmaster- Gen eral. 
Jacob Collamer, Vt. 

Attorney- General. 
Reverdy Johnson, Md. 

THIRTEENTH ADMINISTRATION, JULY 10, 1850, TO MARCH 
4, 1853,-2 YEARS AND 8 MONTHS. 

Millard Fillmore (Acting) President, by death of Tay- 
lor — no Vice President. 

CABINET. 

Daniel Webster, Mass., Secretary of State. 
Thomas Corwin, Ohio, Secretary of the Treasury. 
Charles M. Conrad, La. u War. 

Wm. A. Graham, N. C, " the Navy, 

Alex. II. II. Stuart, Va., " the Interior. 

Mathan K. Hall, N. Y., Postmaster-General. 
John J. Crittenden, Ky., Attorney-General. 

FOURTEENTH ADMINISTRATION, MARCH 1, 1853, TO 

MARCH 4, 1S57— 4: YEARS. 

Franldin Pierce, K H., President. 
Wm. R. Kins, of Ala., who was elected Yice-Presi- 
dent with Mr. Pierce, but died before he took his seat ; 



74 OUTLINES OF U. S. GOVERNMENT. 

and there was no Vice-President during Pierce's ad- 
ministration. 

cabinet. 

William L. Marcy, K Y., Secretary of State. 
James Guthrie, Ky., " the Treasury. 

Jefferson Davis, Miss., " of War. 

J. 0. Dobbin, N. C, " the Navy. 

Kobert McClelland, Mich., " the Interior. 

James Campbell, Pa., Postmaster-General. 
Caleb Gushing, Mass., Attorney-General. 

FIFTEENTH ADMINISTRATION, MARCH 4, 1857, TO 

MARCH 4, 1861. 

James Buchanan, Pa., President. 
John C. Breckinridge, Vice-President. 

CABINET. 

Lewis Cass, Mich., and Jeremiah S. Black, Pa., Sec- 
retaries of State. 

Howell Cobb, Ga., Philip F. Thomas, and John A. 
Dix, N. Y., Secretaries of the Treasury. 

John B. Floyd, Va., and Joseph Holt, Ky., Secreta- 
ries of War. 

Isaac Toucey, Ct., Secretary of the Navy. 

Jacob Thompson, Miss., Secretary of the Interior. 

Aaron V. Brown, Tenn., Joseph Holt, Ky., and Ho- 
ratio King, Postmasters-General. 

Jeremiah S. Black, Pa., and Edwin M. Stanton, Pa., 
Attorneys-General. 



THE CABINET. iO 

SIXTEENTH ADMINISTRATION, MARCH 4, 1861, TO APRIL 12, 
1865 — 4: YEARS, 1 MONTH, #AND 8 DAYS. 

Abraham Lincoln, 111., President. 

Hannibal Hamlin, Me., Vice-President, first term, 
and Andrew Johnson, Tenn., Vice-President, second 
term. 

CABINET. 

William H. Seward, N. Y., Secretary of State. 

Salmon P. Chase, Ohio, Hugh McCulloch, Iud., Sec- 
retaries of the Treasury. 

Simon Cameron, Pa., Edwin M. Stanton, Pa., Secre- 
taries of War. 

Gideon Welles, Conn., Secretary of the Navy. 

John P. Upsher, Ind., Secretary of the Interior. 

Montgomery Blair, Md., William Dennison, O., 
Postmasters-General . 

Edward Bates, Mo., James Speed, Ky., Attorneys- 
General. 

SEVENTEENTH ADMINISTRATION, APRIL 12, 1S65 TO MARCH 

4, 1869 — IF THE PRESIDENT DOES NOT DIE, DOES NOT 

RESIGN, OR IS NOT IMPEACHED. 

Andrew Johnson, Acting President. 
No Vice-President. 

CABINET. 

William H. Seward, N. T., Secretary of State. 
Hugh McCulloch, Ind., Secretary of the Treasury. 
Edwin M. Stanton, Pa., Secretary of War. 
Gideon Welles, Conn., Secretary of the Navy. 



76 OUTLINES OF U. S. GOVERNMENT. 

James Harlan, Iowa, Orville H. Browning, 111., Secre- 
taries of the Interior. 

James Speed, Ky., Henry Stanbery, Ohio, Attorneys- 
General. 

William Dennision, Ohio, Alexander W. Randall, 111., 
Postmasters-General. 




! 



UNITED STATES COURTS. 77 



CHAPTER XIV. 

United States Courts. 

1 . Under this caption, we need make but a few general 
remarks; for under the appropriate titles of the different 

kinds of Courts we have treated of each, with considerable 
detail. The legal tribunals created by acts of Congn as. 
and consequently called United States Courts, are known 
by the names of the United States Supreme Court, the 
Circuit Courts, the District Courts, and the Court of 
Claims. To these, must be added the local courts in the 
District of Columbia, and the Territorial court-. The 
former are permanent institutions : as much so as the 
Circuit or District Courts. But the latter are temporary : 
designed to last only during the time the Territorial 
Government lasts; for when the Territory is admitted as 
a State, its former Government ceases to. exist; and as 
the Courts arc a part of the Government, they also pass 
away, and State Courts are created in their place-. 

2. These brief remarks are merely introductory to the 
four following chapters, in which the reader will find 
a fuller account of the United States Courts ; and we hope 
a better understanding of that branch of the Government 
denominated the Judiciary, 

C2 



78 OUTLINES OF U. S GOVERNMENT, 



CHAPTER XV. 
Supreme Court. 

1. We have before stated that the Government of the 
United States was divided into three branches or great 
departments; — the Legislature, the Executive and the Ju- 
diciary. The two former we have already described. 
We come now to the third, which although the last, is by 
no means the least part of the great machine by which the 
people are governed, and their rights protected ; when 
our Government is spoken of, in a figurative sense, as an 
arch, the Judicial Department is very appropriately styled, 
" the key stone of the Arch ;" for as the Arch would fall 
without the key stone, so would our form of Government 
fall without the Judicial branch ; for in all cases of dispute 
or disagreement as to what the Constitution means, or how 
the laws should be construed and interpreted, we look 
to the Judicial decisions for the settlement of all such ques- 
tions. 

2. And especially do we look to the decisions of the 
Supreme Court of the United States; for it is the highest 
tribunal in the nation. Its decisions are final, for there 
is no superior tribunal to which questions or causes 
can be taken ; and when it has, in due form, declared how 
the Constitution must be understood, or how the laws 
should be interpreted and applied, this decision settles 



SUPREME COURT. f9 

the matter and becomes the law of the land, as to the ques. 
tions involved in the decision. 

3. This Court at the present time has one Chief Justice 
and nine associate Justices ; all appointed by the President, 
by and with the advice and consent of the Senate. They 
are appointed for life, or during good behavior ; they may 
however be impeached for bribery, or other high crimes, 
and then removed from office. They may also resign ; for 
there is no power which can compel any man to hold office ; 
but if they conduct themselves properly, and choose to re- 
tain their offices, there is no power by which they can 
be removed, except the power of death. The Con- 
stitution itself makes this provision, in order that the 
Judges may be removed as far as possible from the influ- 
ence of party politics. They have nothing to fear from 
the success or defeat of any political party. It is there- 
fore expected that their decisions will not be biased by 
party or political considerations; and it may not be amiss 
to say that the provision for keeping the judges of the 
United States Courts in office for life, meets with almost 
universal approbation ; and has caused many to hope that 
the States would alter their constitutions and adopt the same 
plan; believing it to be the surest way of preserving a 
pure and independent Judiciary, on which depend the 
rights and liberties of every citizen of the commonwealth. 

4. This Court holds but one term in a year, which com- 
mences on the first Monday of December, and sits until it 
has disposed of the business before it ; its sessions are al- 
ways held at Washington, the capitol of the Nation ; there 
it has access to the Congressional and Law Libraries, 



80 OUTLINES OF U. S. GOVERNMENT. 

and to all the departments and records of the Government, 

when necessary. 

There is a class of causes which may be commenced in 
this Court. In these cases it has original jurisdiction. 
They are such as affect ambassadors, other public minis- 
ters, and consuls ; and those in which a State shall be a 
party. In other cases it has only appellate jurisdiction. 
The greater part of its business is to hear and determine 
appeals from inferior courts, mainly from the United 
States Circuit courts; and in some instances from the 
highest State courts. 

5. It has not only original, but exclusive jurisdiction 
in causes where a State is a party, and when proceedings 
or suits against ambassadors, or other public ministers or 
their servants are instituted. Its power to try appeals 
from lower courts is called its appellate jurisdiction, and 
gives it the position of the highest Court in the nation. 

It has power also to restrain, or to prohibit proceedings 
in the United States District courts, when acting as 
courts of Admiralty ; or in cases of maritime jurisdiction. 
The Judges of this Court hold the Circuit courts, and 
allot themselves among the judicial Circuits. The Chief 
Justice receives $6,500 per year salary, and the associate 
justices $6,000. 

The practice and rules of procedure in this Court, are 
very similar to those of the Courts of Chancery, and 
King's Bench in England. Issues of fact are tried by 
jury, the same as in other Courts, against citizens of the 
United States. 

OFFICERS OF THE COURT. 

6. The officers of this tribunal are the Judges, 



SUPREME COURT. g]_ 

the Attorney-General, a clerk, a crier, and a reporter. The 
three last named are appointed by the Court. It is the duty 
of the Marshal of the District of Columbia to attend this 
Court, and to serve process issuing from it. 

An Attorney or Counsellor-at-law, to be admitted to 
practice in this Court, must have been such in the Supreme 
Court of the State where he lives. 

7. The following are the names of all the chief justices 
of the Supreme Court of the United States, from its i 
tablishment to the present time ; with the dates of their 
appointments and the States from which they were ap- 
pointed. 

John Jay, N. Y., Sept. 26, 1789. 
John Rutledge, S. C, July 1, 1795. 
William Cushing, Mass., Jan. 27, 1796 
Oliver Ellsworth, Ct., March 4, 1796. 
John Jay, N. Y., Dec. 19, 1800. 
John Marshall, Va., Jan. 27, 1801. 
Roger B. Taney, Md., Dec. 28, 1835. 
Salmon P. Chase, O. 

8. The following are the names of the associate justices, 
with the dates of their appointments and the States from 
which they were appointed. 

John Rutledge, S. C, 1789. 
William dishing, Mass., 1789. 
Robert H. Harrison, Md., 1789 
James Wilson, Pa., 1789. 
John Blair, Va., 1789. 
James Iredell, N. C, 1790. 
Thomas Johnson, Md., 1791. 
William Patterson, N. Y, 1793 



82 OUTLINES OF U. S. GOVERNMENT. 

Samuel Chase, Md., 1796. 
Bushrod Washington, Va., 1798. 
William Johnson, S. C, 1804. 
Brockholst Livingston, N. Y., 1807. 

Thomas Todd, Va., 1807. 
Levi Lincoln,* Mass., 1811. 
John Q. Adams,* Mass., 1811. 
Gabriel Duvall, Md., 1811. 
Joseph Story, Mass., 1811. 
Smith Thompson, N. Y., 1823. 
Kobert Trimble, Ky., 1823. 
John McLean, O., 1829. 
Henry Baldwin, Pa., 1830. 
James M. Wayne, Ga., 1835. 
Philip Barbour, Va., 1836. 
John McKinley, Ala., 1837. 
John Catron, Tenn., 1837. 
Peter V. Daniel, Va., 1841. 
Samuel Nelson, N. Y., 1845. 
Levi Woodbury, N. H., 1845. 
Kobert C. Grier, Va., 1846. 
Benjamin E. Curtis, Mass., 1851. 
John A. Campbell, Ala., 1853. 
Nathan Clifford," Me." 18587 
Noah Swayne, O., 1862. 
Samuel Miller, Iowa, 1862. 
Stephen J. Field, Cal. 

* Declined tlie appointment. 



CIRCUITS. g3 



CHAPTER XVI. 
Circuits and Circuit Courts. 

1. In the last Chapter we gave an account of the United 
States Supreme Court. We now come to the United 
States Circuit Courts, the next in dignity, power, and 
jurisdiction. Unlike the Supreme Court, which, as 
stated, is always held in Washington, the circuit courts 
are held in every State, at such times and places as 
Congress by law directs. It would add some interest 
and utility to our work if they were inserted here, so 
as to show when and where these courts are held. 
But we omit this, because they are so often changed, 
that what is now correct, might not remain so after an- 
other session of Congress ; these changes are made to ac- 
commodate the people in the State, or the judges of 
the Court. As now arranged, the whole of the States 
are divided into nine circuits, each circuit comprising 
several States ; some more and some less, according to 
the size and population of the States comprised in a 
circuit. Then the Court is held in each State in the 
circuit. This arrangement is made in order to bring 
these courts within convenient reach of all the people 
in every part of the country. 

2 The circuit courts are held by the judges of the 
Supreme Court, who allot the circuits among them- 






84 OUTLINES OF U. S. GOVERNMENT. 

selves, and then travel each through his own circuit, 
until he has visited and held a session in every State 
which lies within it. A judge of the Supreme Court 
is the presiding and supreme magistrate in every 
circuit court, but the judge of the District Court of 
the district in which the circuit is held, sits with the 
judge of the Supreme Court, as Associate Justice. 

JURISDICTION. 

3. These courts have both original and appellate juris- 
diction. Causes may be appealed from the district courts 
to the Circuit. They also have concurrent jurisdiction 
with the State courts, where the matter in dispute exceeds 
the sum of $500, and the United States are plaintiffs ; or 
where an alien is a party, or where the suit is between cit- 
izens of different States. They have exclusive jurisdiction 
in all cases of crimes against the laws of the United States, 
except where the law especially confers the power on other 
courts. It extends to all cases under the revenue laws of 
the United States. 

4. There is also a certain class of cases, (too tedious 
to be described here in detail), which may be removed 
from State and from District courts, into these courts, 
and be tried and determined in the same manner as if they 
had been commenced here. , 

The officers of circuit courts are, first, the Judges ; sec- 
ond, the District Attorney of the district in which the 
Court is held ; third, the Marshal, of the District ; and 
fourth, a clerk ; who is appointed by the court. 

5. It may be interesting, and perhaps useful to know 
how the different circuits are formed, and what States lie 
in each. They have been from time to time increased in 



CIRCUITS. Qfl 

CO 

number, as the number of the States increased. In some 
cases, States have been at first placed in ono circuit, and 
afterwards detached and placed in another. 

6. By the Acts of 1862, and 1863, the circuits were av. 
ranged as follows: — 

First Circuit, — Rhode Island, Massachusetts, Maine and 
New Hampshire, (by Act of 1820.) 

Second Circuit, — Vermont, Connecticut, New York, 
(Act of 1837.) 

Third Circuit, — New Jersey and Pennsylvania. 

Fourth Circuit, — Maryland, Virginia, Delaware and 
North Carolina. 

Fifth Circuit, — South Carolina, Georgia, Alabama, Mis- 
sissippi and Florida. 

Sixth Circuit,— Louisiana, Texas, Arkansas, Kentucky 
and Tennessee. 

Seventh Circuit, — Ohio and Indiana. 

Eighth Circuit, — Michigan and Illinois. 

Ninth Circuit, — Wisconsin, Missouri, Kansas and Min- 
nesota. 

Tenth Circuit, — California and Oregon. 

But in 1866 this arrangement of the circuits was again 
changed; and this was done, we suppose, to make the 
circuits approximate nearer to the number of the Asso- 
ciate Justices, as reduced from nine to six, by the same 
act: or, it was then enacted, that hereafter there should 
be no more Associate Justices of the Supreme Court ap- 
pointed, until they were reduced (by death or resignation,) 
to six. 

7. The circuits of this last Act were reduced to nine, and 
were arranged as follows : — First and Second Circuits, to 
remain as before. 



86 OUTLINES OF U. S. GOVERNMENT. 

The Third was made up of the States of Pennsylvania, 
New Jersey and Delaware. 

The Fourth, of Maryland, Virginia, West Virginia, 
North Carolina, and South Carolina. 

The Fifth, of Georgia, Florida, Alabama, Mississippi, 
Louisiana and Texas. 

The Sixth, of Ohio, Michigan, Kentucky and Tennessee. 

The Seventh, of Indiana, Illinois anjl Wisconsin. 

The Eighth, of Minnesota, Iowa, Missouri, Kansas and 
Arkansas. 

The Ninth, of California, Oregon and Nevada. 

We have inserted both of these circuit arrangements, 
because one new State (Nebraska), ha>s been admitted since 
the Act passed. Others will soon come in, and very prob- 
ably, the old number of circuits and judges will be re- 
stored. 



JUDICIAL DISTRICTS. £ 



CHAPTER XVIL 
Judicial Districts, and District Courts; 

1. We come now to the lowest grade of United Stat 
courts, excepting the local courts in the District of ( 
lumbia, and the Territorial courts. A United States Di>- 
trict court is held by a District Judge, in every district. 
Every State constitutes at least one district, several of 
the larger States are divided into two, and some into three. 
There are at the present time 59 Judicial Districts, and 
consequently the same number of District Judges, District 
Attorneys, District Clerks and Marshal-. The Judges, 
Attorneys and Marshals arc all appointed by the President 
and Senate; the clerks by the respective court 

4 TERMS. 

2. By the law of 1789, every District Judge was re- 
quired to hold four sessions a year, at such times and in 
such places as Congress directed. This is done to this 
day in a great majority of the States ; but by later laws 
in some of the districts, only two or three sessions a year 
are required. 

JURISDICTION. 

3. These courts have exclusive jurisdiction in all ad- 
miralty and maritime causes. These relate to maritime 
contracts, and to crimes against the laws of the United 
States committed on the sea, and on navigable lakes and 
rivers. It embraces in this country all contracts respect- 









38 OUTLINES OF U. S. GOVERNMENT. 

ing vessels and navigation ; such as chartering, repairing, 
and fitting them out, seamen's wages, &c, &c. They have 
in some cases concurrent jurisdiction with the circuit 
courts, in cases of piracy, and exclusive cognizance of cases 
where seizures are made for a violation of the revenue 
laws, or laws relating to imposts and navigation; and 
causes against consuls and vice consuls where the amount 
claimed does not exceed $100. In short, they have concur- 
rent jurisdiction with the circuit courts, of all crimes 
against the laws of the United States, the punishment 01 1 1 
which is not capital. The trial of issues of fact in all ' I 
causes, except civil causes of Admiralty and maritime 
jurisdiction, must be by jury. 

4. Appeals are taken from these courts to the circuit 
courts. The judges are appointed like those of the Su- 
preme court, for life, or during good behavior, and receive 
various amounts as salary, some more and some less, ac- 
cording to the amount of services to be performed in their 
respective districts. 

5. When vessels are captured in time of war, either 
by the public armed vessels, or by private armed ships, 
the facts and circumstances of the capture must be brought 
before a United States circuit or district court, for adju- 
dication ; when the vessel and cargo, are either condemned 
as a prize, or restored to their owners. When either of 
these courts adjudicates such cases, it is called a Prize 
Court. 

6. For the same reasons, given for showing the compo- 
sition of the Judicial Circuits, in a condensed form, we 
will here give the number of Judicial Districts in each 



JUDICIAL DISTRICTS. 



89 



State as they now exist, and the 
States. They are as follows : — 

Alabama, 3. 
Arkansas, 2. 
California, 2. 
Connecticut, 1. 
Delaware, 1. 
Florida, 2. 
Georgia, 2. 
Illinois, 2. 
Indiana, 1. 
Iowa, 1. 
Kansas, 1. 
Kentucky, 1. 
Louisiana, 2. 
Maine, 1. 
Maryland, 1. 
Massachusetts, 1. 
Michigan, 2. 
Minnesota, 1. 
District of Columbia, 1. 

Total. 



total number in all the 

Mississippi, 2. 

Missouri, 2. 

Nevada, 1. 

New Hampshire, 1. 

New Jersey, 1 . 

New York, 3. 

North Carolina, 3. 

Nebraska, 1. 
Ohio, 2. 
Oregon, 1. 
Pennsylvania, 2. 
Rhode Island, 1. 
South Carolina, 2. 
Teni. , 3. 
Texas, 2. 
Vermont, 1. 
Virginia, 1. 
West Virginia, 1. 
Wisconsin, 1. 
59. 



90 



OUTLINES OF U. S. GOVERNMENT, 



CHAPTER XVIII. 
Court of Claims. 

1. This Court was established by act of Congress in 
1855. A brief extract from the law itself, will best 
explain the object of its creation, its jurisdiction, powers 
and duties. The law reads thus, U A Court shall be 
established to be called the Court of Claims, to con- 
sist of three judges, to be appointed by the Presi- 
dent and Senate, and to hold their offices during good 
behaviour ; and the said Court shall hear and determine, 
all claims founded upon any law of Congress, or upon 
any regulation of an executive department, or upon any 
contract express or implied, with the government of the 
United States ; which may be suggested to it by a 
petition filed therein ; and also all claims which may 
be refered to said Court by either house of Congress," 

2. On the third of March, 1863, the jurisdiction of 
this Court was enlarged, and two additional judges 
appointed, [making 5,] from the whole number of 
which, the President was authorised to appoint one a 
chief justice for said Court . 

3. The mode of commencing proceeding before this 
tribunal is by petition ; in which the claimant must fully 
set forth his claim, how it arose, its amount, and the 
parties interested therein. After the case has been 




COURT OF CLAIMS. f)l 

heard and determined, the Court reports to Congress 
what its decision is, and if favorable to the claimant a 
bill is passed for his relief. 

4 It holds one session a year, in Washington, com- 
mencing on the first Monday in October, and continuing 
as Jong as business before it requires. It not only tries 
claims against the government, but by its enlarged 
jurisdiction conferred in 1S63, it also tries counter 
claims, and sett-offs, which the United States may have 
against the claimant. Appeals are taken from the 
Court of Claims to the Supreme Court of the United 
States, when the amount in controversy exceeds $3,000. 

5. Before the establishment of this Court, the only rem- 
edy persons having claims upon the Government bad, 
was, by petition to Congress for relief; which experience 
proved to be, a long tedious and expensive mode of ob- 
taining their dues. The petition now goes to this Court, 
where it is heard and adjudicated in the same form, and 
by the same rules of procedure which are observed in 
other courts ; for Congress lias conferred upon it all the 
powers commonly possessed by other courts of law. It 
also has a seal. 

6. It has irrcatlv facilitated the settlement of claims 
against the Government, and has relieved Congress of a 
great amount of labor, which was urgently pressed upon 
it at every session. 

7. In addition to the five Judges, it has a Solicitor, an 
Assistant Solicitor, and a Deputy Solicitor, all of whom 
are appointed by the President and Senate ; and are 
officers of the Court, whose duty it is faithfully to defend 



92 OUTLINES OF U. S. GOVERNMENT. 

the United States, in all matters and claims before this 

Court. 

The Judges receive $4,000 per annum salary. The So- 
licitor and Assistant Solicitor receive $3,500 each, and the 
Deputy Solicitor $2,500 per annum. 

A bailiff a clerk, a crier and a messenger, all of whom 
are appointed by the court, make up the remaining officials. 

In order to give the reader a better idea of proceedings 
in this tribunal, it may be stated that claimants stand m 
the relation of plaintiffs, and the Government in that of 
defendant. 



DISTRICT-ATTORNEYS. 



93 



CHAPTER XIX 
District-Attorneys. 

1. In the twelfth chapter we spoke of the appointment 
position and duties of the Attorney-General of the United 
States, and originally intended to place our remarks upon 
the District-Attorneys, next in order ; but subsequently 
changed this plan, and determined to place them imme- 
diately after those upon the courts; for next to the judges 
they,— the District-Attorneys— are the highest officers hi' 
both the circuit and district courts. By reading this and 
the twelfth chapter consecutively, a better understanding 
of both these classes of officials may be gamed and a 
clearer insight into the judicial machinery f the Govern- 
ment. 

2. In another place we have spoken of the decision of 
the United States (see political divisions), into judicial 
districts, in each of which there is held a district court, 
and a District-Attorney is appointed for each court, hi 
the same manner that the Attorney-General is appointed. 
He bears the same official relation to these courts, and has 
similar duties to perform in them, that the Attorney-Gen- 
eral has in the Supreme Court. It is his duty " to prose- 
cute in such district all delinquents for crimes and offences 
cognizable under the authority of the United States, and 
"Hi civil actions hi which the United States ehaii te 



/^<-\-»T- 



04 OUTLINES OF U. S. GOVERNMENT. 

cerned." They are his client, and he must enforce their 
rights, and defend them, in the same manner tjiat any 
attorney protects and defends l}is client in any of the 
State courts. In case of necessity he may appoint a sub- 
stitute to act in his place. All fees over and above what 
he is allowed as compensation for his services he must 
report and pay into the United States treasury. 

3. He must defend collectors of the customs and other 
revenue officers in his district, when suits are brought 
against them in their official capacity, and must report to 
the Solicitor of the Treasury the number of suits deter- 
mined and pending in his district. And when prize cases 
have been determined, or are pending in the district 
court of his district, he must report the state and condi- 
tion of each case to the Secretary of the Navy. 

District- Attorneys are appointed for four years; but 
may be removed at the pleasure of the President. Their 
compensation depends on the amount of business to be 
done in their respective districts. When important 
ports of entry, such as New York or Boston, lie in their 
districts, their duties are very numerous, and they receive 
a corresponding compensation. 



U. S. MARSHALS. 



95 



CHAPTER XX. 
United States Marshals. 

1. United States Marshals, commonly called simply 
Marshals, are the ministerial officers of the United States 
courts. Their duties and responsibilities are very similar 
and nearly identical with the duties and responsibilities 
of sheriffs, in the courts of the several States. They are 
appointed by the President and Senate, for a term of four 
years. They appoint their own deputies, and their com- 
pensation consists of fees instead of a salary ; and depends 
entirely upon the amount of business they have to trans- 
act. There is a Marshal in every judicial district in tho 
the United States, and there are fifty-nine of these dis- 
tricts in all, as stated in another place. Every State 
forms at least one district, while the larger States are de- 
vided into two or three. 

2. A district court is held in every district ; and it is 
the Marshal's duty to attend the sittings of these courts, 
and also those of the United States Circuit Courts when 
they happen to sit in his district. The Marshal for the 
District of Columbia must also attend the sittings of the 
Supreme Court, and execute its precepts. We have said 
that they are the ministerial officers of the United States 
courts ; for it is their duty to serve all writs and precepts, 
emanating from them, whether of a civil or criminal char- 



90 OUTLINES OF XL S. GOVERNMENT. 

acter ; and to execute the judgments and decrees of these 
tribunals ; and for this purpose they are authorized by 
law, (if necessary), to command such assistance as they 
may need in the execution of their duties. Before they 
enter upon the duties of their office, they must be bound 
to the United States for the faithful performance of them, 
and must solemnly swear to do them, without malice or 
partiality ; and that they will take only lawful fees. They 
are also held answerable for the delivery to their suc- 
cessors of all prisoners who may be in their custody at the 
time of their removal, or at the expiration of their term 
of office. 

3. They also have the custody of all vessels and goods, 
seized by any officer of the revenue. It is their duty also 
to summons, and to pay jurors and witnesses in behalf of 
any prisoner to be tried for a capital offence, under the 
laws of the United States. In the remarks made under 
the head " Census," we stated that it was made the duty of 
Marshals to superintend and direct the enumeration of the 
people ; and to collect such statistical facts as the law re- 
quires. This they do through deputies whom they ap- 
point for that special purpose. 

The United States Marshal is also required, on the first 
day of January and July, of each year, to make a return 
of all the fees and emoluments of his office to the Secre- 
tary of the Interior ; and if they amount to more than 
86,000 per year, he must pay the surplus over that 
amount into the treasury of the United States. 






GRAND JURY. 97 



CHAPTER XXL 
Grand Jury. 

1 . By turning to the fifth article of the Amendments to 
the Constitution, you will find these words, " Xo person 
shall be held to answer for a capital or otherwise infamous 
crime, unless on a presentment or indictment of a grand 
jury; except in cases arising in the land or naval forces, 
or in the militia, when in actual service, in time of war 
or public danger." This constitutional provision makes 
a grand jury, a very important agent or instrumentality 
in the execution of the laws, and also a safeguard of the 
liberties and rights of the people. It secures every per- 
son from the expense and disgrace of a trial for infamous 
crimes, unless a Grand Jury of his countrymen shall find 
upon inquiry and investigation, that there are good 
reasons for believing that the person so charged has com- 
mitted the alleged offence. 

2. This provision not only protects those who are 
charged with these crimes against the laws of the United 
States, but those also who may be charged with such 
offences against the laws of any State ; for no State can 
arrest and try any person for a capital or infamous crime 
without these preliminary proceedings of a Grand Jury ; 
and should it do so, the United States Supreme Court 
would set its laws aside, as contrary to the Constitution 



9S OUTLINES OF U. S. GOVERNMENT. 

» 

of the United States. Here we see that the Government 
is just as careful to protect its citizens from injustice, by- 
hasty judicial proceedings, as it is to punish them after a 
fair and impartial trial. 

3. A Grand Jury, when called to take cognizance of 
violations of the laws of the United States, to find in- 
dictments against those who are charged with them, is 
summoned by a judge of a United States Court in the 
circuit or district, where the alleged crime has been 
perpetrated ; and it must take notice of all crimes 
against the laws of the United States, which may be 
brought to its knowledge within the circuit or district 
in which it sits. Hence, if ordered by a circuit judge, 
its powers extend over all those States which lie in that 
circuit. But when ordered by a district judge, its 
powers extend only to that District in which it sits, and 
a district never embraces more than one State, and in 
many cases a State is divided into two or three dis- 
tricts. 

4. This shows lis how much more extensive is the ju- 
risdiction of a Grand Jury, when acting under the laws 
of the United States, than when acting under State 
laws. In the former it extends generally all over a 
State, and sometimes over several States. But in the 
latter it is confined to the county in which it sits. 

GRAND ANI> PETIT JURIES. 

, It may be interesting and useful to our young read- 
ers, to explain here the difference between a Grand 
and a Petit Jury, as they are commonly denominated. 
First, a Grand Jury never acts but in criminal cases. 
A Petit Jury acts in both criminal and civil cases. The 






GRAND JURY. 99 

finding or conclusion arrived at by a Grand Jury is 
called a presentment, or an indictment — the finding of 
a Petit Jury is called its verdict. 

5. Second, a Grand Jury sit3 alone [not in the pres- 
ence of the Court], and deliberates upon such matters 
of a criminal character as it possesses knowledge of, or 
which may be brought to its notice by the Court, or by 
other persons ; and when it finds that great evils exist, 
and wrongs have been perpetrated, it presents them to 
the Court, and calls the attention of the law officers to 
them ; which is equivalent to a recommendation that 
judicial proceedings should be commenced to abate the 
evil, or to punish the wrong doer. This is called a 
presentment of the Grand Jury. 

And when they find upon such evidence as they have, 
that a great crime has been perpetrated, or that they 
have good reason so to believe, and that it has been 
perpetrated by some person specified, they report their 
finding or conclusion to the Court. This is called an 
indictment by the Grand Jury ; after which the person 
so charged is arrested, if at large, and can be found, 
and is either imprisoned or held to bail for his appear- 
ance at Court to stand trial. 

6. A Grand Jury never tries a case. It only says to 
the Court by its presentment or indictment, that the case 
presented, or the person indicted, ought to be brought 
before the Court, and tried for the alleged wrong or 
crime. 

A Petit Jury sits with the Court, hears the plead- 
ings and arguments of counsel on both sides, listens to 
the evidence of witnesses ; and then hears the charge 

D2 



100 OUTLINES OF U, S. GOVERNMENT. 

of the Judge, as to tlie law applicable to the case ; after 
which they withdraw and deliberate alone upon the 
case, and if they agree in a criminal case, their verdict 
is, " Guilty," or, " Not Guilty :" if in a civil suit, they 
say how much one party is indebted, (if any) to the 
other. 

7. The object aimed at in that article of the Constitu- 
tion which stands at the head of this chapter, is to pro- 
tect persons from false charges of crime, and hasty ad- 
judication of such charges ; for it substantially amounts 
to a declaration, that no person shall be punished for a 
capital or infamous crime, unless one jury before trial, 
shall upon information and belief, charge him with the 
offence ; and another, after trial, shall find him guilty 
of the alleged crime. 

The above remarks are as applicable to Grand and 
Petit Juries, acting under State, as those which act 
under the United States laws. 






ADMIRALTY AND MARITIME JURISDICTION. 1QI 



CHAPTER XXII. 
Admiralty and Maritime Jurisdiction. 

In ancient times, — and long before this government 
existed, — civilized and commercial nations had codes 01 
laws, which related especially to transactions upon the 
sea. Those respecting ships of war, and warlike opera- 
tions at sea, were called the laws of Admiralty ; those 
respecting vessels engaged in commercial affairs were 
called Maritime laws ; and the courts empowered 
with jurisdiction to hear and try causes, or to take any 
judicial proceedings in those cases, were styled courts of 
Admiralty and Maritime jurisdiction. These laws, in 
many respects, differed so materially from the laws re- 
lating to affairs on land, that the authority and power 
to take proceedings in, and adjudicate upon them, was 
conferred upon a particular class of courts. Hence we 
see the origin of the names of such tribunals. 

In this country, the United States District Courts, 
have been designated by the laws, as the courts which 
shall have original and exclusive authority to adjudi- 
cate this class of causes ; yet an appeal from the District 
to the Circuit courts may be taken. 



202 OUTLINES OF U. S. GOVERNMENT. 

KIND OF CASES. 

The word Maritime, designates that which relates to 
the sea. Yet, in the United States, cases which come 
within Admiralty and Maritime jurisdiction, are not 
restricted to the sea, or to transactions relating to busi- 
ness or crimes done on it, but are made to embrace 
those which occur on navigable lakes and rivers, and 
include seizures made for the violation of the laws 
of impost, navigation or trade, suits for the recovery 
of seamen's wages, contracts for building, repair- 
ing or fitting out vessels, and, briefly, all contracts 
where the subject-matter relates to the navigation of 
the sea. The district courts have Admiralty and Mari- 
time jurisdiction in all these cases, without regard to the 
amount claimed, and in criminal as well as in civil 
suits. 

The foregoing remarks show the workings of our 
judicial system, as it applies to business done, and 
crimes committed upon the high seas. 






CONGRESSMEN. 103 



CHAPTER XXIII. 
Congressmen. 

1. Congressmen, in the most comprehensive sense in 
which the term may be used, means any member in either 
branch of that body. But there is a more restricted sense 
in which it is most commonly used, and in this sense it is 
generally understood ; that is, a member of the House of 
Representatives, the lower of the two houses. These are 
elected by the people, in each State, and in the Congres- 
sional districts of that State ; and they are the only per- 
sons either in the legislative, executive or judiciary 
branches of the government, for whom the people vote 
directly. They are elected by single districts, that is, 
but one member is chosen in one district. They are 
elected for two years, that is, during the term of a Con- 
gress, which lasts two years, and always holds two sessions. 
The President may call an extra session, if in his judgment 
the exigencies of the country are such as to require its ac- 
tion before the time of the regular meetingr. This has 
been done on several occasions. 

2. The Constitution prescribes the qualifications of 
members of the House of Representatives (which see). 
They are also stated in Chapter III, where much other 
matter. relating to this subject may be found. The Con- 
stitution is silent as to the number of members of which 



104 



OUTLINES OF U. S. GOVERNMENT. 



the House shall be composed, excepting that it specified 
how many each State should have, until the first enumera- 
tion of the people in 1790 ; and since that Congress has 
from time to time fixed the number, which is now 241, — 
to which must be added one for Nevada, and one for 
Nebraska, which States were admitted since the last ap- 
portionment. 



CONGRESSIONAL DISTRICTS. j()g 



CIIAPTER XXIV. 
Congressional Districts. 

Whenever the population of a State is so small that it 
is entitled to only one representative in Congress, the 
whole State forms but one Congressional District; but 
whenever it is entitled to two or more, then it is divided 
by its Legislature into as many districts as its population 
entitles it to return members ; so that every member of Con- 
gress is chosen by single districts. The act thus districting 
the States was passed in 1662. In large cities, certain 
sections or wards are constituted a Congressional District. 
In the country, a county or several counties are formed 
into a district ; but in all cases a district must consist of 
contiguous territory, not scattered, a piece here and a 
piece there, in different parts of the State, or country. 

These districts must be re-arranged every ten years, and 
as soon as may be, after the census is taken (which is every 
ten years), and the population known and published. The 
reason for this re-arrangement becomes apparent from the 
fact that the number of the population is constantly 
changing. In some States and counties it is rapidly in- 
creasing ; in others increasing very slowly, or not at all, 
or indeed may be decreasing. In new Western States, it 
has increased uniformly so rapidly that at the end of every 



10G OUTLINES OF U. S. GOVERNMENT. 

decade they have been entitled to an increase of repre- 
sentatives ; while some of the older States, not increasing 
so fast, have actually lost, so that what we state as the 
number of representatives of each State now, may not be 
exactly correct after 1870, i. e., after the next census. 
Hence we see that Congressional districts are not perma- 
nent political divisions, but are liable to frequent changes. 
If they were permanent, they would probably be laid 
down in our common maps, as counties sometimes are. 
They are now generally designated by the ordinal num- 
bers, as 1st, 2nd, 3rd, 4th, &c., Congressional districts of 
such a State. 



CLERK OF THE HOUSE, AND SEC. OF SENATE. 10T 



CHAPTER XXV. 

Clerk of the House of Representatives, and Secretary 

of the Senate. 

1. The name of the first-mentioned officer indicates the 
nature of his duties. lie of course must keep a record of 
the proceedings of the House of which he is Clerk. In 
addition to the ordinary duties of his position, Congre 
requires him to give bonds in the sum of twenty thousand 
dollars, that he will faithfully apply and disburse the con- 
tingent funds of the House, which may come into his 
hands. He, with the Secretary of the Senate, is author- 
ized to advertise for proposals for supplying the Senate 
and House of Representatives with stationery and 
printing. 

2. He must lay before Congress the names and compen- 
sations of all clerks and messengers employed in his office, 
and a detailed statement of all expenditures from the con- 
tingent funds of the House, together with a statement of 
all appropriations made by Congress during the last session, 
and all new officers created by it, and their salaries. 

3. He is chosen by the members of the House, holds his 
office two years, and receives a salary of §3,000 a year. 
He has the use of the Congressional library, and is entitled 
to the franking privilege. 

SECRETARY OF THE SENATE. 

The duties, compensation, mode of election, powers and 
privileges of this officer, are so much like those of the 
Clerk of the House, that to describe them would be little 
more than to reiterate the former part of this chapter. 



108 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER XXVI. 
Speakers of the House of Representatives. 

1. The Speaker of the House of Representatives, is the 
presiding officer thereof. He is chosen by the members of 
that body, and is selected for this important position, in 
view of his knowledge of parliamentary law and usages. 
He is elected for the full term of the Congress which 
chooses him. His compensation, by an act of 1856, was 
fixed at double the amount received by other members of 
the House ; for his duties are much more arduous than 
those of an ordinary member. 

2. The law provides that in case of the death, resigna- 
tion, impeachment, or any other inability to act, of both 
the President and Vice-President, the President of the 
Senate pro tern, must then act as President ; but in case 
there happens to be no President of the Senate, then the 
Speaker becomes Acting President. 

3. The Speakership of the House of Representatives has 
always been held, as a very respectable and honorable 
position. The following are the names of all the Speakers 
of the House, since the establishment of the Government, 
down to the present time (1867). 

Frederick A. Muhlenburgh, Penn., 1789 to 1791 
Jonathan Trumbull, Conn., 1791 " 1793 

Frederick A. Muhlenburgh, Penn., 1793 " 1797 



SPEAKERS OF THE IIOUSE. 109 



Jonathan Dayton, X. J., 


1797 to 1798 


Theodore Sedgwick, Mass., 


1798 


u 


1801 


Nathaniel Macon, X. C, 


1801 


U 


1807 


Joseph B. Varnam, Mass., 


1807 


a 


1811 


Henry Clay, Ky., 


1811 


u 


1814 


Langdon Checves, S. C, 


1814 


u 


1815 


Henry Clay, Ky., 


1815 


M 


1820 


John W. Taylor, X. Y., 


1820 


u 


1821 


Philip R. Barbour, Va., 


1821 


a 


1823 


Henry Clay, Ky., 


1823 


a 


1825 


John W. Taylor, X. Y., 


1825 


u 


1827 


Andrew Stephenson, Va., 


1827 


a 


1835 


John Bell, Tenn., 


1835 


a 


1837 


James K. Polk, Tenn., 


1837 


a 


1839 


Robert M. T. Hunter, Va., 


1839 


a 


1841 


John White, Ky., 


1841 


u 


1843 


John W. Jones, Va., 


1843 


tt 


1845 


John W. Davis, Ind., 


1845 


u 


1847 


Robert C. Winthrop, Mass , 


1847 


a 


1849 


Howell Cobb, Ga., 


1849 


a 


1851 


Lynn Boyd, Ky., 


1851 


u 


1856 


Xathaniel P. Banks, Mass., 


1S5G 


a 


1858 


James L. Orr, S. C, 


1858 


«( 


1859 


William Pennington, X. J., 


1860 


a 


1861 


Galusha A. Grow, Penn., 


18G1 


u 


1863 


Schuyler Calfax, Ind., 


1864 


u 


1866 



110 OUTLINES OF U. S. GOVERNMENT, 



CHAPTER XXVII. 
Acts of Congress. 

1. In a comprehensive sense, an act of Congress is any act 
done by it, whether it is the making a law, the passage of 
a resolution, or any proceedings taken by it. But in a 
more restricted sense, and what is usually meant by " an 
act of Cngress," is a bill (as a proposed law, when laid be- 
fore any Legislative body is called,) passed by both 
Houses of Congress into a law, according to the forms and 
prescribed rules, always adhered to, in the enactment of 
laws, and afterwards signed by the President, or passed 
by the votes of two-thirds of both Houses when the Presi- 
dent refuses to sign it. 

2. Hence every law of the United States is an act of Con- 
gress, properly introduced, examined, and generally de- 
bated, altered anc]. amended if thought best, and then 
voted for by a majority of the members of the House in 
which it originated, after which it is sent to the other 
House, where it goes through the same form, and, if ap- 
proved by both Houses, it is then sent to the President 
for his signature, and when signed by him the bill be- 
comes a law, " an act of Congress." These laws are then 
published in some of the newspapers in every State and 
Territory ; also in pamphlet and book form, and distribu- 
ted to every State and Territory, to the members of Con- 



ACTS OF CONGRESS. Ill 

gress, and to all the principal officers of Government 
at home and abroad, that the people may know what the 
laws are by which they are to be governed. 

3. Every law passed by Congress is preceded by these 
words : " Be it enacted by the Senate and House of Re- 
presentatives of the United States of America in Con^r« 
assembled." This is called the enacting clause. 

A resolution, when passed by Congress, although in 
some instances of the same force as a law, is an act 
Congress of a very different character from those acts by 
which laws arc enacted, for these must all be done accord- 
ing to established parliamentary usages and forms, such 
as laying it (the proposed law) before Congress in the 
form of a bill, printing it, referring it to an appropriate 
Committee, to be afterwards reported by that Committee, 
the placing it in its order upon the records of the House, 
and the calling it up in its regular order, to be debated 
and voted upon. 

4. But resolutions are offered in writing, and often passed 
on the spot, though they are sometimes laid over and re- 
ferred to a Committee, then called up at the proper time, 
and debated and passed or rejected. 

Some of the most important work of Congress is done, 
however, by means of resolutions; for instance, its pro- 
ceedings relative to an amendment of the Constitution is 
done by the passage of a resolution through both Houses. 
Many other matters upon which Congress acts are disposed 
of in the same way. Its requirements of the President, 
the Heads of Departments, and other officers of the Gov- 
ernment, are made by resolutions, and have the binding 
force of law ; for a disregard of these requirements or in- 
structions, when made or given to any of these officers, 
would be considered the same as a violation of law, and 



112 OUTLINES OF U. S. GOVERNMENT. 

would render the official liable to censure, or perhaps to 
impeachment, or removal from office. 

5. Other resolutions are merely expressive of the senti- 
ments or opinions of Congress, such as the thanks it fre- 
quently votes to officers of the army and navy for brave 
and gallant conduct in the discharge of their duty in peril- 
ous situations. Such a recognition of the merits and good 
conduct of any man in the public service is considered 
highly honorable to him who receives it. 

Some resolutions are concurrent — that is, both Houses 
of Congress must concur in or pass the same before they 
have any powor or validity. The Constitution prohibits 
either House of Congress from adjourning for more than 
three days without the concurrence of the other House. A 
final adjournment, or any other, for more than three days, 
would require the passage of a concurrent resolution. 

6. Other resolutions may pass in only one House, but are 
equally bindmg upon the members and officers of that 
House which passes them ; but they do not bind the officers 
of the other House : such, for example, as relates to ad- 
journments for not more than three days ; to the order of 
business in that House ; directions to the officers and em- 
ployees of that body, &c., &c. 



RATIO OF REPRESENTATION. 113 



CHAPTER XXVIII. 
SLatio of Representation. 

1. The ratio of representation simply means the ratio 
between the whole population of the United States, and 
the whole number of their representatives in Congress ; and 
this of course includes the ratio between the people of any- 
individual State, and the representatives it is entitled to ; 
both being estimated upon the same basis, and determined 
by the same rule. 

2. The distinctive characteristic of our Government is, 
that it is a popular Government. Its power is vested in 
the people. They elect their rulers, who arc the servants of 
the people, and these rulers are expected to carry out the 
people's wishes. Upon such a system, it is a matter of the 
first importance, to distribute this power equally among 
all the people, and after having fixed upon the ratio be- 
tween the whole population and the whole number of Re- 
presentatives ; or, in other words, after having determined 
how many members shall compose the lower House of 
Congress, the next step is to apportion these members 
among all the States in the ratio of their population. If 
one State has twice the number of inhabitants that another 
has, it will be entitled to twice the number of representa- 
tives in Congress. If one has ten times the inhabitants 
that another has, it will be entitled to ten times the num- 
ber of representatives and so on; with this one exception, 



114 OUTLINES OF U. S. GOVERNMENT. 

which is, that by a provision in the Constitution, every 
State, without regard to its population, is entitled to one 
representative in the lower House. 

3. The adjustment of this matter is all provided for in 
the Constitution, that is, in its general features ; but it de- 
volves upon Congress in every tenth year to readjust and 
reapportion the representatives among the several States, 
according to the population of each State as shown by the 
last Census, which is taken every tenth year ; and when 
the apportionment is once made, it remains the same for 
the next ten years, when the Census is taken again, and 
a new apportionment is made. 

4. Up to the present time [1867J, this has been done 
nine times. It was done the first time by the Convention 
which formed the Constitution. That apportionment is 
found in the Constitution, and is as follows. 



New Hampshire, 


3 


Pennsylvania, 


8 


Massachusetts, 


8 


Delaware, 


1 


Rhode Island, 


1 


Maryland, 


6 


Connecticut, 


5 


Virginia, 


10 


New York, 


6 


North Carolina, 


5 


New Jersey, 


4 


South Carolina, 


• 5 



Georgia, 3 

By this it will be seen that the first Congress consisted 
of but 65 members. 

The Constitution also provided that the representatives 
should not exceed one to every 300,000 people. The next 
year after the Government went into operation, [1790], 
the first census was taken, and as soon as the result was 
known, a new apportionment was made. This was done 



RATIO OF REPRESENTATION. 115 

in 1792, and was made upon the ratio of one representative 
to every 33,000 of representative* population. 

5. In 1800, the second census was taken ; and when 
Congress made the appointment, which was done in 1803, 
it did not change the ratio, but left it at 1 representative 
to every 33,000 of the representative population. 

In 1810, the third census was taken, and in 1811, the 
ratio was fixed at 1 Representative for every 35,000 of 
the population. 

In 1820, the fourth census was taken, and in 1822 Con- 
gress fixed the ratio at 1 Representative for every 40,000 
of the population. 

In 1830, the fifth census was taken, and in 1832 the ratio 
was fixed at 1 representative to every 47,000 of the pop- 
lation. 

In 1840, the sixth census was taken, and in 1842, Con- 
gress again declared that the ratio should be 1 represen- 
tative to every 70,000 of the population. 

7. In 1850, the seventh census was taken, and in con- 
formity with the law passed this year, the number of 
members was for the first time limited ; the limit beiiux 
233 ; and the Secretary of the Interior was ordered to 
take the census returns, and divide the whole representa- 
tive population by the number 233, and to make the 
quotient the ratio between § the representatives and the 
people. 

8. We have never seen the result of the Secretary's es- 
timate; but, taking the population of 1850, and deviding 
it by 233, would produce a quotient of nearly 94,000 ; and 
this we take as the ratio, after the time when it was done, 

* The representative population includes all free persons, 
white or black ; to which (according to the provisions of the Con- 
stitution), three-fifths of all the slaves were to be added. But this 
proviso, now that slavery is abolished, has become a nullity. 



116 OUTLINES OF U. S. GOVERNMENT. 

in 1852 ; that is, one sepresentative to every 94,000 of 
the population. 

9. In 1860, the eighth and last census was taken, and 
by the foregoing rule one representative was allowed for 
every 127,000 of the population. 

In 1S50 Congress adopted the principle of perma- 
nently fixing the number of members of Congress, to 
save the trouble of doing it as heretofore — every ten 
years. An act was passed limiting it to 233 ; but not- 
withstanding this limitation, it was provided that if any 
new State came in, it should have its member, which 
would add to the number 233. But this increase was 
to continue no longer than until the next apportion- 
ment, when the number was to fall back again to the 
old figure. 

But in 1862 this law was modified, so as to make the 
whole number of members to consist of 241 after the 
3d of March, 1863, because it was found that by this 
number a closer approximation to an equality between 
the States, on the basis of their population, could be 
attained than by the number 233. And here it stands 
now — at 241 — with its numbers apportioned among the 
several States as follows : 



Alabama, 


6 


Mississippi, 


5 


Arkansas, 


3 


Missouri, 


9 


California, 


3 


New Hampshire, 


3 


Connecticut, 


4 


New Jersey, 


5 


Delaware, 


1 


New York, 


31 


Florida, 


1 


North Carolina, 


7 


Georgia, 
Illinois, 


V 


Ohio, 


19 


14 


Oregon, 


1 



RATIO OF REPRESENTATION. 117 



Indiana, 


11 


Pennsylvania, 


24 


Iowa, 


6 


Rhode Island, 


2 


Kansas, 


1 


South Carolina, 


4 


Kentucky, 


9 


Tennessee, 


8 


Louisiana, 


5 


Texas, 


4 


Maine, 


5 


Vermont, 


3 


Maryland, 


5 


Virginia, 


8 


Massachusetts, 


10 


West Virginia, 


S 


Michigan, 


6 


Wisconsin, 


6 


Minnesota, 


2 







12. Nevada and Nebraska have been admitted as 
States since this apportionment, with one membe~ each, 
so that the House at present consists of 243 members ; 
and if other new States should come in before 1870, 
they also will each bring in one member. But after 
1870, according to the present law, the number will be 
brought back again to 241. But it must be borne in 
mind that Congress has the power to alter all this, and 
to enact that Congress shall consist of any other num- 
ber of members, although it is not probable that this 
will be done soon. 

13. We have taken the pains to make all the fore- 
«;oin2; statements not so much to show how the Honse 
of Representatives is now organized, as to show the 
general plan upon which it is constituted, and to show 
how the several States are constantly changing the 
number of their representatives, and consequently their 
relative power and influence in Congress. This can be 
readily understood by remembering the fact that new 
States come into the Union every few years, and that 



118 OUTLINES OF U. S. GOVERNMENT 

the population increases much more rapidly in the 
Western States than in the Eastern, and that, conse- 
quently, the West is rapidly gaining power in Con- 
gress, while the Atlantic States are losing it. 

14. One other remark in regard to the number of 
members of which the House is composed may prop- 
erly be made here; and that is, that in the apportion- 
ment no regard is had to the Territories or to their 
population. In this adjustment, the States and their 
population only are regarded, and the number of mem- 
bers is all given to the States. Every representative 
from a Territory is an addition to that number, but it 
must be remembered that a Territorial member has no 
right to vote on any question, but has only the right to 
debate ; and for this reason he is not, in the fullest 
sense, a member, and is not counted in adjusting the 
number of which the House is made to consist 



CENSUS. il9 



CHAPTER XXIX. 
Census. 

1. A Census is an enumeration, or counting, of the in- 
habitants of any country. History informs us that this 
was done in very ancient times. One of the books in the 
Old Testament (Numbers) was named from the circum- 
stance that it contains an account of the numbering of the 
Israelites, by the order of Moses. That numbering was a 
Census of the people, composing the Jewish nation. It 
not only gives us the total number of the people, but that 
of each tribe; much after our own mode of doing the 
game thing. We take ours by States, and we find the 
total of the whole nation. In ancient times, a Census 
seems to have been taken more for military, than for any 
other purpose. This ifl one of the objects in the present 
day ; but in modern times many uses are made of a Cen- 
sus. It not only shows the military power of a nation, 
but when taken with the distinctions of sex, and age, with 
an account of the births, marriages, and deaths during 
each year, it throws much light upon a variety of inter- 
esting topics ; such as the longevity, the rate of mortality 
the ratio of increase and the average duration of human 
life. These and many other important facts are obtained 
by a Census. 

2. In the United States the Census is the only means 



120 OUTLINES OF U. S. GOVERNMENT. 

by which Congress determines, the number of representa- 
tives each State is entitled to have in that body. Hence 
the Constitution itself makes provision for the enumera- 
tion of the people once in ten years, — called a decade. 
The first was made in 1790, the next in 1800, and so on 
every tenth year. If the number of any year ends with a 
cipher, we know that the United States Census was taken, 
or will be taken in that year, whether we look backward 
or forward. 

3. Up to the present time, (1867), according to the pro- 
visions made in the Constitution, a Census has been taken 
eight times, and under the head of recapitulation on 
page 123 we find what it was each time. We also find 
that from the first [1790], to the last [1860], the popula- 
tion had increased, from 3,929,827, to 31,747,514. At the 
present time it approximates nearly to 40,000,000 ; indi- 
cating a growth, unparalleled by any nation in ancient 
or modern times. 

We will next state, how this great national work is 
performed. The Constitution simply declares that it shall 
be done, but the laws specify how it shall be done, and who 
shall do it. 

The United States Marshals are the officers designated 
by the law, as the persons who shall make the enumera- 
tion of the people in each State and Territory ; in addition 
to which they are also required to procure other statisti- 
cal matter, as directed by Congress. 

4. In order to accomplish this work, it is necessary to em. 
ploy a number of assistant marshals, each of whom must 
visit every house in his district, and ascertain the number 
of persons belonging to it, together with such statistical 
information as is required. This is all returned to the 



CENSUS. 121 

Marshal, and by him sent to the Department of the Interior 
at Washington, where under the direction of the Secretary 
of the Interior it is made into a report, and then laid be- 
fore Congress, to be used by it in apportioning to the 
States their quota of representatives. This apportionment 
is actually made ia the department of the Interior, and 
then laid before Congress, for its examination and ap- 
proval. The Marshal appoints and commissions his de- 
puties, who must be sworn to perform the duties assigned 
to them to the best of their abilitv. 

5. In the Department of the Interior, there is a Board 
whose duty it is to superintend the work of taking the 
Census. It prepares, prints, and sends to every Marshal 
the blanks to be used by him and his assistants ; and when 
they have made returns of their work, the Board arranges 
them preparatory to laying them before Congress. After 
this they are published, and make a very valuable work 
of reference ; for they contain a vast amount of statistical 
information ; such as the number of acres of land under 
cultivation, the number of bushels of grain, of every kind 
produced, in the year; the number of horses, cattle, sheep, 
swine, &c, raised; the number of manufacturing establish- 
ments, and the amount of their productions; the number 
of churches, schools, colleges &c. ; the number of deaf, 
blind, idiotic and insane persons; together with much 
other matter, quite too voluminous for insertion here. 

G. All this is done, by order of Congress, and of course 
paid for from the United States Treasury. 

We annex a tabular statement, of the population of each 
State and Territory, at each time the Census has been 
taken by the United States. It shows the increase at each 

£ 



122 



OUTLINES OF U. S. GOVERNMENT. 



decade from 1 790 to 1860, together with the increase, of 
the number of States and Territories. 

POPULATION AT DIFFERENT PERIODS. 



Alabama . . 
Arkansas .. 
California . 

Conn 

Delaware . . 
Florida.... 
Georgia . . . 
Illinois .... 
Indiana.... 

Iowa 

Kansas 

Kentucky . 
Louisiana . 

Maine 

Maryland.. 

Mass 

Michigan.. 
Minnesota. 
Mississippi. 
Missouri . . . 

N. H 

N. J 

N.Y 

N.C 

Ohio....... 

Oregon ... 

Penn 

K. I 

S. C 

Tennessee . 

Texas 

Vermont . . 
Virginia... 
Wisconsin . 
Territo*'* 
Colorado .. 
Dakota .... 
Nebraska. . 
Nevada — 
N. Mexico. 

Utah 

Wash'gt'n. 
DiRt. of Col. 



I'd VO. 

• • • • • 
• ••••• 

238,141 
59,096 



82,548 



1800. 

• ••••• 

251,002 
04,273 



162,101 



73,077 



96,540 
319,728 
378,717 



141,899 
184,139 
340,120 
393,751 



183,762 
211,949 
586,756 
478,103 
45,365 



434,373 
69^.10 

249,073 
35,791 



85,416 

748,308 



4,875 



220,955 



151,719 

341,584 
423,245 

V,850 



602,361 

69,122 

245,591 

105,602 



154,465 
880,200 



1810. 



262,042 
72,674 



252,433 
12,282 
24,520 



406,511 
76,556 
228,705 
380,546 
472,040 
4,762 



40,35$ 
20,845 
214,360 
245,555 
959,049 
555,500 
230,760 



810,091 

77,031 

415.115 

261,727 



1830. 

127,901 
14,255 



275,102 
72,749 



340,983 
55,102 

147,178 



564,135 
152,923 
298,269 
407,350 
523,159 
8,765 



75,448 
66,577 
244,022 
277,426 
1,372,111 
638,829 
581,295 



217,713 
974,622 



14.093 



24,023 



1,047,507 

83,015 

502,741 

422,761 



1830. 

309,527 
30,388 



297,675 
76,748 
34,730 
516,823 
157,445 
343,031 



687,917 
215,739 
399,455 
447,040 
610,408 
31,639 



136,621 
140,455 
269,328 
320,823 
1,918,608 
737,987 
937,903 



1,348,233 

97,199 

581,185 

681,904 



235,749 
1,065,129 



184:0, 

590,756 
97,574 



309,978 

78,085 

54,477 

691,392 

476,133 

685,866 

43,112 



779,828 
352,411 
501,793 
470,019 
737,699 
212,267 



375,651 
383,702 
284,574 
373,306 

2,428,921 
753,419 

1,519.467 



1,724,033 

108,830 
594,398 
829,210 



1850. 

771,623 

209,897 

92,597 

370,792 

91,532 

87,445 

906,185 

857,470 

988,416 

192,214 



280,652 
1,211,405 



291,948 

1,239,797 
30,945 



33 0^0 



39.834 43.712 



982,405 
517,762 
583,169 
583,034 
994,514 
397,654 
6,077 
606.526 
682,044 
317,976 
489,555 

3,097,394 
869,039 

1,980,329 
13,294 

2,311,786 
147,545 
668,507 

1,002,717 
212,592 
314,120 

1,421,661 
305,391 



61,547 
11,380 



51.P87 



I860. 

964,201 
435,450 

365,439 
460,147 
112,216 
140,425 

1,057,286 

1,711,951 

1,350.428 
674 913 
107,205 

1,155,684 
708,002 
628,279 
687,049 

1,231,066 
749,113 
172,123 
791,303 

1,182,012 
326,073 
672,035 

3,880,735 
992,622 

2,339,511 
52,465 

2,906,115 
174,620 
7 03, 70S 

.,109,801 
604,215 
315,098 

1,596,318 
775,881 

36,538 
2,576 

28,841 

17,364 

83.009 

40,699 

11,168 
7*. 090 



CENSUS. 123 



EECAPITULATIOX. 

Total population in 1790 3,929,827 

1800 6.305,937 

1810 7.239.814 

1820 9.638,191 

1830 12.866.020 

11 " 1840 17.069.453 

" " 1850 23,191.876 

1860 31,443,322 

To which add Indians and others in the Indian territory, not 

included in the Census 304.192 

Grand total in 1860 31,747,514 



124 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER XXX. 
The United States Flag-. 

1. The United States flag, " The stars and stripes," is 

too familiar an object to require much description ; for 

every body has seen it, and almost every one has admired 

it. And no wonder, for it is the handsomest flag in* the 

world, — " Eed, White and Blue ;" — those alternate red 

and white stripes in beautiful contrast with the blue field 

bedecked with stars; — as though a piece of the sky had 

been taken to add more beauty to our national emblem 

which makes it in truth, " The star-spangled banner.'' 

May it forever wave 
" O'er the land of the free, and the home of the brave." 

2. But there is a little history about it, which it is well 
to know. In 1794 when there were only 15 States, Con- 
gress passed an act, declaring that the flag of the United 
States, should consist of 15 stripes, alternate red and 
white, and that the Union be 15 stars, white in a blue 
field. The stars and stripes were by this act to be equal 
in number. But this act was repealed by another, passed 
in 1818, which declared that it should consist of only 13 
stripes, alternate red and white ; and that the Union be 
20 stars ; and that upon the admission of every new State 
into the Union, one star be added to the Union of the flag. 
This has been done, and now there are 37 stars in the blue 
field. By this arrangement our flag is and always will be 



U. S. FLAG. 125 

emblematic of two things ; the 13 stripes indicate the 13 
original States, while the stars show, and will always 
show, the number of States in the Federal Union. The 
stars will continue to increase until the last State shall be 
added ; and when thus completed, will probably form a 
constellation of 50 or more stars, representing so many 
States. 



126 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER XXXI. 
The Laws of the United States. 

1. A clearer and more comprehensive idea of the laws 
under which we live, may be obtained by a sort of analy- 
sis of them, or a division of them into their several kinds. 
By this process we shall find four different laws, emanat- 
ing from four different sources, or authorities ; each hav- 
ing the power to enact, and to demand obedience to its 
enactments. 

The first of these is the Constitution of the United 
States. This is considered as an enactment of the people 
themselves : for it was made by their representatives 
chosen for that purpose, and afterwards ratified by them 
through another body of their representatives, viz., the 
Legislatures of the several States. In the Constitution 
itself we find a large body of laws, and those of the most 
important and essential character; for they not only bind 
every person in the country, but they bind Congress itself, 
which is the law-making power of the Government. 

2. The whole body of the law found in the Constitution 
is called " constitutional law." It is of the highest au- 
thority, and paramount to all other laws, excepting the 
laws of God. Statute laws may be changed or repealed 
at any time by the same power that enacted them, but 
the Constitution cannot be changed but by a vote of two- 



LAWS OF THE UNITED STATES. 127 

thirds of both Houses of Congress, and after that by tho 
approval of three-fourths of all the Legislatures of the 
States in the Union. Thus it takes a Ion;? time to change 
or amend it, and no one body of men can alter it; but any 
amendment must have the approval of all the legislative 
bodies above named. Then it is deemed to have been 
sanctioned by three-fourths of the people themselves, for it 
is done by their immediate representatives. So much, for 
one kind of law. 

3. The next in order are the laws enacted bv Congress. 
These, like all laws made by legislative bodies are denom- 
inated statute law These laws, while in force, are as 
binding as those found in the Constitution. But this dis- 
tinction must be observed; the statutes as before stated 
may be amended or wholly repealed at any time when 
Congress is in session, and may be set aside by the Su- 
preme Court in case they are found to be contrary to any 
of the provisions of the Constitution. All the Laws en- 
acted by Congress, unless they are for some local object, 
are equally binding in every State and Territory of the 
United States ; and are uniformly applied and executed in 
all, by the United States courts. The foregoing remark 
shows us the wide difference between an act of Congress 
which extends to, and embraces the whole national do- 
main ; and an act of a State legislature, which has no au- 
thority or power beyond the limits of the State where it 
was enacted. 

4. The laws contained in the Constitution are few in 
number in comparison with the statute laws. These are 
exceedingly numerous, and are made to meet the necessi- 
ties and wants of the people in all their relations to the 



128 OUTLINES OF U. S GOVERNMENT. 

Government and to each other; to regulate the army, the 
navy, our diplomatic intercourse with foreign nations, and 
in short everything which requires legislative interference ; 
while those relate only to the fundamental principles on 
which the Government is based, and may be compared to 
an outline map ; which only shows the boundaries and 
some of the principal mountains, rivers, cities and other 
prominent features of the country intended to be delin- 
eated. 

5. Thus much for constitutional and statute laws. We 
will now notice another kind, quite different from either in 
the mode of enactment, but just as binding on Congress, 
the executive, the judiciary, and on every citizen as any 
constitutional provision, or act of Congress. We mean 
the various treaties made between us and foreign nations, 
and Indian tribes. Treaties when made and ratified by 
the respective Governments by which they are made, are 
of the same authority and as binding upon the citizens of 
both countries, as any constitutional or statutory law 
in existence; and any violation of the provisions of a 
treaty between us and any foreign power is made punish- 
able, as much as the violation of any statute upon the 
books. This of course applies to individual citizens. If 
the treaty be violated by either of the national authorities, 
it then becomes a subject of diplomatic arrangement, or 
may lead to a war between the Governments concerned. 
We have thus disposed of the third kind of law, according 
to our mode of division. 

6. At the commencement of this chapter we spoke of 
four kinds of laws to which the citizens of the United 
States are subject. The three already noticed are by far 



LAWS OF THE UNITED STATES. 129 

the most important, whereas the fourth — the laws of na- 
tions — are, so far as individuals are concerned, of minor 
importance, as they relate rather to the duties of govern- 
ments and their agents, to the duties and obligations of 
armies, and of naval commanders in times of Avar. All 
these, with many other matters, are regulated according 
to the law of nations, which law is not a series of enact- 
ments of any law-making power of any government upon 
earth, but consists of rules laid down by the great writers 
upon this subject as rules or laws which should regulate 
the conduct of one nation towards another according to 
the admitted principles of right and humanity, especially 
in times of war. These laws and principles have been ap- 
proved of and sanctioned by almost all civilized nations, 
and hence have been denominated a the law of nations," 
and are observed by all governments of civilized countries 
who wished to sustain an honorable character anions: the 
family of nations. The violation of the law of nations 
exposes the violator to the condemnation of the world, 
and to the danger of retaliation by war with the injured 
nation. 

7. While on the subject of laws, it will not be irrele- 
vant to say that the United States courts, and especially 
the Supreme Court, are the expounders of the laws of the 
country, and of the " law of nations" whenever they apply 
to matters in which our government or our citizens are 
concerned. The courts themselves make no laws, but by 
their decisions in cases adjudicated by them, they declare 
what is the true meaning and intention of the Constitu- 
tion and the laws. They declare how these should be un- 
derstood, construed and applied. Hence the decisions of 

E2 



130 OUTLINES OF U. S. GOVERNMENT. 

the courts are regarded with almost as much deference as 
the laws themselves, determining, as they do, the interpre- 
tation and true meaning of them. 

8. In the foregoing remarks we have made no allusion 
to the laws of the States, which have no authority or power 
outside of the State by which they are enacted ; and shall 
not do so now, as it would be foreign to the object of our 
work. We therefore will close the chapter on this sub- 
ject with the addition of a single remark, that every per- 
son in the United States lives under two distinct and sep- 
arate governments and codes of law, viz.: First, the 
United States Government and its laws ; and, Second, the 
government and laws of the State where he resides. 

9. But how is a conflict between the laws of the United 
States and the laws of the States avoided ? * 

Answer — By the following constitutional provision 
found in the sixth article of that instrument, and in these 
words : 

" This Constitution, and the laws of the United States, 
which shall be made in pursuance thereof, and all treaties 
made or which shall be made under the authority of the 
United States, shall be the supreme law of the land, and 
the judges in every State shall be bound thereby, anything 
in the Constitution or laws of any State to the contrary 
notwithstanding." This answers the question. The Con- 
stitution, treaties with foreign nations, and the laws 
enacted by Congress, are supreme, and override any law 
passed by any State, if it conflicts with any of these. The 
United States courts, and the courts of any State, are 
bound to disregard and set aside any State law in case it 
is found to be contrary to the United States laws. 



NATURALIZATION LAWS. 131 



CHAPTER XXXII. 

naturalization Laws : 

1. By far the greater part of the people in the United 
States are natives of the country, and are, consequently, 
citizens by birthright. They have all the rights and 
privileges which the Government affords, without being 
required to do anything to procure them. A native citi- 
zen has the right to vote, the right to buy, hold, and sell 
lands, and the right to protection by 'his Government 
when in a foreign country or upon the high b But an 
alien does not enjoy these right-. An alien is one who 
was born in some foreign country, and before he can be 
a, citizen, he must remain in the country at least five 
years; and then must, in addition to this, do such things 
as our naturalization laws require of him. After he has 
done this he becomes a citizen, and has all the rights of a 
native, with this exception — he never can be President or 
Vice-President of the United States, because the Constitu- 
tion positively declares that both of these high officers 
shall be native citizens, and the one exception to this pro- 
vision has no application now. 

2. The United States have always pursued a very lib- 
eral policy towards aliens, or foreigners, as they are some- 
times called, for they have enacted laws easily complied 
with, by which any alien may become a citizen, after 



132 OUTLINES OF U. S. GOVERNMENT. 

which he possesses the same rights as a native, with the 
exception before stated, 

WHAT AX ALIEN MUST DO TO BECOME A CITIZEN. 

3. The Constitution authorizes Congress to pass such 
laws as it may judge right and proper on the subject of 
naturalization. This it has done from time to time. The 
first act of this kind was passed in 1790, since which va- 
rious other acts have been passed modifying the first. 

An alien, in order to become a citizen, must go before 
some United States court, or some court of record of some 
State, at least two years before his admission, and then 
and there declare under oath that it is his intention to be- 
come a citizen of the United States, and must renounce all 
allegiance and fidelity to any foreign prince, potentate, 
State or sovereignty whatever, and particularly, byname, 
the prince, potentate, State or sovereignty whereof such 
alien may, at the time, be a citizen or subject. 

4. And at the time he is admitted he must, before some 
of the courts before named, again swear to the same things, 
with the addition that he will support the Constitution of 
the United States. When all this is done, the court be- 
fore whom the oath is taken and the renunciation made 

makes a record of the proceedings, and gives the person 
naturalized a certificate that he was made a citizen by the 
said court at the time and place therein named. This cer- 
tificate gives him all the rights of citizenship in any State 
or Territory in the United States. All laws relating to 
naturalization are made by Congress. No State has the 
right to pass any law on this subject. Yet Congress con- 
fers authority on the State courts to naturalize an alien. 



NATURALIZATION LAWS. 133 

Indeed, State courts naturalize more than the United 
States courts. 

5. In addition to what we have said on this subject, it 
should be stated that an alien must, in all cases, have 
lived in the country five years before he can be admitted 
to citizenship. But in 18G2 an act was passed making an 
exception to this requirement in favor of any person who 
who was 21 years of age, and had enlisted, or who should 
thereafter enlist, in the army, and be honorably discharged 
therefrom. In such cases, a good moral character, with 
one year's residence, without any previous declaration of 
intention, was sufficient. Our naturalization law> require 
good moral character in all cases o£ those who apply for 
admission to citizenship. But the courts have been ex- 
ceedingly remiss in this matter, and almost everybody 
who makes application is admitted to this exalted privi- 
lege without any regard to the character of the applicant. 
The law requires that if an alien lias borne any title of 
nobility in the country from whence lie came, he must re- 
nounce such title before he can be made a citizen of the 
United States. 

6. There is an exception to what is above stated in the 
definition of an alien ; that is, that lie is one who was born 
in some foreign country. A child may be born out of the 
United States; yet if its parents, at the time of its birth, 
were citizens, the child is also a citizen by virtue of its 
parent's citizenship, and, consequently, never needs nat- 
uralization to possess all the rights it would have, had it 
been born hi the United States. 

7. In this connection another provision of our natural- 
ization laws should be noticed ; and that is, that children 
born in a foreign country, and of foreign parentage, be- 



134 OUTLINES OF U. S. GOVERNMENT. 

come citizens of the United States without personal nat- 
uralization, upon the following conditions : First, that they 
came into the country before they are 21 years of age ; 
and Second, that their father became a naturalized citizen 
before they have reached that age — that is, the naturaliza- 
tion of the father makes all his children citizens who reside 
in the country, and are under the age of 21 at the time of 
the parent's naturalization. This is a very liberal pro- 
vision of the law in favor of the minor children of those 
who become citizens. 



NEUTRALITY LAWS. 135 



chapter; xxxiii. 

Neutrality Xiaws. 

1. The Neutrality Laws of the United States, like those 
of other nations who have enacted them, have the same 
design; and are intended to accomplish the same object ; 
which is to preserve peace, and to maintain friendly re- 
lations with other nations, States or Powers. It is the duty, 
the interest, and should be the policy of all Governments, 
to live in peace with other nations, whenever it can be 
done without the sacrifice of honor or of self preservation- 
It is the duty of every Government so to control the ac- 
tions of its own citizens or subjects, as not to allow them 
to perpetrate such acts towards other Governments as 
would tend to embroil the two countries in a war, or to 
disturb their friendly relations and intercourse. 

The most civilized and enlightened nations have fortius 
purpose enacted Neutrality Laws, which if obeyed by the 
citizens of the country who enacts them, do much to pre- 
vent wars and unfriendly feelings between nations. 

2. A single illustration will perhaps place the wholo 
scope, design and nature of Neutrality Laws in a clearer 
light, than a verbose recital of, or commentary upon their 
provisions. Our illustration may be thus put : A, B and 
C, we suppose to be three different nations. A, and B, 
are at war with each other, but both are on friendly terms 



,136 OUTLINES 'OF TJTS7 GOVERNMENT. 



with C. Now C, by her neutrality laws, prohibits her 
fcitizens or subjects, within her territory from enlisting, 

■ * 

or fitting out men, or organizing any expedition by sea or 
'land to aid either of the belligerent nations, A, or B; be- 
cause this would be a hostile act towards the other, and 
jnight lead to a war between it and G. 

The Neutrality Laws of the United States, now in force, 
'were enacted in 1818, and are very similar in their pro- 
Visions to laws of other nations upon the same subject, 
and are declaratory of the pre-existing laws of nations. 

3. These laws, however, do not prohibit the citizens of 
the United States from leaving their country, and then 
enlisting or engaging in war upon either side. It does not 
prohibit a citizen from leaving his country ; and after he 
has left it, the Government has no control over him. 
Hence, in spite of neutrality laws, it is no uncommon thing 
to find the subjects of Governments engaging in a war 
against a nation with whom their own Government is at 
peace. The violation of the law consists in accepting an 
office, or enlisting, or procuring enlistments or fitting out 
expeditions, by sea or land, while in the United States. 

It is declared to be a high misdemeanor, and is punish- 
able by fine and imprisonment. The President of the 
United States is authorized to employ either the land or 
naval force of the country to prevent any hostile expedi- 
tion against any nation, state, colony or people, who are 
at peace with us. 



ELECTIONS. 13** 



CHAPTER XXXIV. 
Elections. 

1. One of the cardinal principles upon winch our Gov- 
ernment is founded, and one to which the people adhere 
with the greatest tenacity is, that governments derive 

their just powers from the consent of the governed; and 
although all the people cannot in person be present to ap- 
prove or to disapprove of the laws by which they are to 
be governed, yet under our form of Government we ap- 
proximate as nearly to sueh a condition of things as is 
practicable This is effected by the representativ sys- 
tem, A few are chosen who represent the wishes and sen- 
timents of the many. 

The men chosen to make and administer our laws, are 
not so chosen, from the p< a lal regard the people have 
for them; hut for the principles they are known to enter- 
tain, and which correspond with those of the people who 
choose them. The representative is bound to carry out 
the sentiments of those who elect him, and to do what they 
would do, if they acted for themselves. 

2. From this principle, it becomes a matter of the first 
importance to know what the will of the people is, in re- 
gard to the various questions which arise from time to 
time, relating to the policy of the Government, and the 
laws to be enacted to carry out that policv. The means 



138 OUTLINES OF U. S. GOVERNMENT. 

* 

used to determine these questions are our elections. These 
are looked to with great interest, and sometimes with 
great excitement, as they furnish the only occasions in 
which the mass of the people can act upon the Govern- 
ment, by electing such men as they want to make and 
administer their laws. Hence at the close of our elections 
it is pretty well known what measures are to be pursued 
by the principles of the men elected. 

3. These remarks, however, apply with greater force to 
the State Governments, and to the election of State officers 
than to the officers of the United States ; for Congress- 
men are indeed the only officials in the general Govern- 
ment for whom the people directly vote ; though it is 
often said that the President is elected by them, this is 
not strictly correct. The people do not vote directly for 
either President or Vice-President. They vote for electors, 
and these electors vote for those officers. This, it is true, 
is but a circuitous way of reaching the same result ; for 
the electors have always faithfully carried out the wishes 
of their constituents, and voted for the same candidates 
for whom the people would have voted if our constitu- 
tional forms allowed them to vote directly for these candi- 
dates, without the intervening and cumbrous machinery 
of Presidential electors. We think a great improvement 
in the modus operandi would be effected by such a change 
in our Constitution, as would give the election directly to 
the people. 

4. There is some analogy between the election of the 
President and the election of the United States Senators. 
In the first instance the people choose electors, and these 
elect the President ; in the latter, the people elect the mem- 
bers of their Legislatures, and these elect the Senators. 



ELECTIONS. 139 

Then, as to thi, oilier officers of the general Government, 
they are appointed by their superiors : the most important 
ones by the President, by and with the consent of the 
Senate, and the minor ones by the head* of departments, 
or some one higher in rank than the appointees. Thus 
we see that, with trie exception of the members of the 
House of Representatives, the people do not vote directly 
for any of the officials of the United States Government. 
Yet by this kind of proxy vote, about the same result is 
obtained. 

5. Of all our elections none is considered of so much 
importance as the Presidential. These come as before said 
every four years, because the Constitution provides that 
the term for which a President is chosen shall be four 
years. We have thought it would be quite interesting to 
some of our readers, and at the same time would help to 
preserve the political history of our nation, to give a brief 
account of each Presidential election, together with the 
names of the candidates and some of the prominent circum- 
stances connected with them. This will be found in the* 
following chapter, and we hope will materially aid those 
who wish to know something of the men and times gone 
by. Our elections, both for the general and State Gov- 
ernments are by ballot, instead of viva voce, (the living 
voice) as in some countries. 

The ballot is a small piece of paper, with the name of 
the candidate or candidates printed or written upon it, 
and then folded in such a manner as to hide them ; so 
that no one but the voter can tell what names are on his 
ballot. A vote vivarvoce, is when the voter, in the pres- 
ence of the inspectors of the election, audibly and clearly 
calls out the name of the candidate for whom he votes, and 



140 



OUTLINES OF U. S. GOVERNMENT. 



thus proclaims in the hearing of all present how he votes 
But the ballot enables the voter to vote secretly if he 

chooses to do so. 

6 Our elections for President, for Congressmen, for 
Governors of the several States and their respective Leg- 
islatures, are more exciting than those for other minor 
officers Much is said and much is written of a very in- 
flammatory character. The liberty of the press, and the 
liberty of speech are most shamefully perverted, sometimes 
into abuse and slander. When these vicious practices 
shall cease, as we hope they will, the Government will 
stand on firmer ground than it now does. 



PRESIDENTIAL ELECTIONS. 141 



CHAPTER XXXV. 

TEESIDENTIAL ELECTIONS, WITH NOTICES OF FACTS AND 
CIRCUMSTANCES CONNECTED WITH TIIE3I. 

The Convention which formed the Constitution of tho 
United States, fixed upon the first Wednesday of January, 
1789, for the election of the first Presidential Electors, and 
the first Wednesday of February of the same year for the 
election of the first President, and the first Wednesday of 
March (which was the fourth), for putting the new govern- 
ment into operation. The election of the Electors, and of 
the President by them, were carried out to the letter ; 
but the government did not get into operation until the 
thirtieth of April, nearly two months after the specified 
time, for the elected members of Congreess were tardy in 
convening at New York (the place fixed upon for the first 
session) ; and it was not until the thirtieth of April, that 
Washington was inaugurated as President. But as the 
fourth of March was the time at which it was intended 
that it should take place, it was reckoned as the date from 
which Washington's administration commenced ; and the 
date both of the commencement and termination of every 
Presidential term since. Hence, the fourth of March of 
every fourth year is an important epoch in our political 
history, as it is the time when a new administration comes 
into power, or the commencement of the second term of 
an incumbent who has been re-elected. 



142 OUTLINES OF U. S. GOVERNMENT. 

FIRST ELECTION, 1789. 

George Washington was unanimously elected President, 
and John Adams, Vice-President. The Vice-Presidency 
at this and at the three succeeding elections, was deter- 
mined according to the provisions of the Constitution as it 
then stood ; which were, that the candidate for President 
who received the highest number of votes should be Presi- 
dent; and he who received the next highest should be 
Vice-President. But this provision was changed by the 
Twelfth Amendment, proposed in 1803, which went into 
effect at the next election in 1804. Previous to that, we 
hear nothing of any candidates for Vice-President. By 
the provisions of the said amendment, the electors vote one 
name for President and another for Vice-President. But 
previous to that, the electors voted for two candidates 
without designating which for President, or which for Vice- 
President, knowing that the one receiving the largest 
number would have the first place, and the next highest 
the second. This caused much confusion and uncertainty 
as to the intentions of the electors. After four elections 
conducted upon this plan, the Constitution was amended ; 
since which, without change, all the elections have been 
conducted as directed in this amendment. 

In our comments upon the first election we may as well 
notice another great change which has gradually taken 
place in regard to the mode of choosing the electors. The 
Constitution says that the Presidential electors shall be 
appointed, in each State, in such manner as the Legislature 
thereof shall direct. Now this left the Legislature with 
power to appoint them itself, or to order their appointment 
or election in any other way. The electors for the first 



PRESIDENTIAL ELECTIONS. 143 

Presidential election, we think (though we have seen no 
historical record of the fact), were all chosen by the State 
Legislatures ; but soon after we find that different methods 
were used in different States. In some, the Legislatures 
chose them ; in others they were elected by popular vote ; 
and it seems that this plan was the one most approved of, 
for it finally became almost universal, and was adopted 
by every State except South Carolina, which never did 
give this election to the people (at least not anterior to the 
Kebellion), For these reasons we cannot give the popular 
vote of the earlier Presidential elections, as we have done 
of those in later years ; because the people in several of the 
States did not directly vote for electors. When we have 
given it, it must be remembered that South Carolina is 
not included. 

But eleven States participated in this election. Xorth 
Carolina and Rhode Island had not at this time ratified 
the Constitution ; consequently they could take no part in 
it. At this time political parties were very indistinctly 
defined. The only noticable political difference consisted 
in approval or disapproval of the new Constitution. Its 
friends were called Federalists, among whom Washington 
was numbered. Those who had opposed the adoption of 
the Constitution were called anti-Federalists. At the first 
election there were but sixty-nine electors. 

SECOND ELECTION, 1792. 

Washington and Adams were both re-elected to the 
same positions for a second term. Washington was again 
unanimously elected. Vermont and Kentucky had both 
been admitted into the Union since the last election; 



(C 


u 


u 


<• 


a 


u 



144 OUTLINES OF U. S. GOVERNMENT. 

whicn made fifteen States that took part in this. At the 
second election there were one hundred and thirty-two 
electors. 

THIRD ELECTION, 1796. 

There were four candidates in the field at this time for 
the office of President of the United States, viz. : ■ 

John Adams. 
Thomas Jefferson, 
Aaron Burr, 
Thomas Pinckney. 

Adams received 71 electoral votes. 

Jefferson " 69 

Pinckney " 59 

Burr " 38 

This result made Adams President, and Jefferson Vice- 
President. 

A new State — Tennessee — had been admitted since the 
last election, which made sixteen in the Union at this 
time. 

FOITKTK ELECTION, 1800. 

The same four candidates were again in the field at 
this election ; Adams and Pinckney as Federalists, and 
Jefferson and Burr as Anti-Federalists, who about this 
time took the name of Republicans. 

Jefferson and Burr received 73 of the electoral votes. 
Adams " 64 " 

Pinckney " 63 " 

No one having received a majority, the election, accord- 
ing to the provisions made in the Constitution, went to 



PRESIDENTIAL ELECTIONS. 145 

the Hous.e of Kepresentatives for the first time. The re- 
sult was that Jefferson was elected President, and Aaron 
Burr, Vice-President. 

No new States had been admitted since the last election, 
so there were but sixteen which participated in this. 

The results of this election proved the complete over- 
throw of the Federal party; and it never regained power 
afterwards. 

FIFTH ELECTION, 1804. 

The twelfth amendment of the Constitution having 
been duly ratified before this election, we now, in accord- 
ance with its provisions, for the first time find candidates 
for the Vice-Presidency brought forward. 

Mr. Burr having been dropped, Thomas Jefferson and 
George Clinton were put forth by the Republicans for 
President and Vice-President, and Charles C. Pinckney 
and Rufus King, by the Federalists, for the same positions. 

Jefferson and Clinton each received 1G2 of the electoral 
votes. 

Pinckney and King only received 14 votes. 

The admission of Ohio, in 1802, made seventeen States 
in the Union at this election. 

SIXTH ELECTION, 1S0S. 

Mr. Jefferson, after having served two terms, retired ; 
and James Madison was nominated by the Kepublican 
party for President. With this change candidates were 
the same on both sides as at the former election. 

Madison received 122 electoral votes for President, and 
Clinton 113 for Vice-President. 



146 OUTLINES OF U. S. GOVEPNMENT. 

The latter died April 20, 1812, and consequently did 
not serve out his full second term, 

Pinckney and King each received 47 electoral votes. 

No new State had been admitted since the last election ; 
consequently but seventeen States participated in 
Madison's first election. 

SEVENTH ELECTION, 1812. 

Mr. Madison was re-elected President, and Elbridge 
Gerry, Vice President. But he died on the twenty-third 
of November, 1814, leaving the Vice-Presidency vacant 
for the second time during Madison's administration. Mr. 
Madison's second term was distinguished on account of 
the second war with England, which continued from 
1812 to 1815. 

De Witt Clinton, and Jared Ingersoll, were run in op- 
position to Madison and Gerry, who received each 128 
electoral votes, Clinton 89, and Ingersoll 57. 

There were eighteen States at this time. Louisiana had 
been admitted since the last election. 

EIGHTH ELECTION, 1816. 

The same party which had twice elected Jefferson, and 
twice elected Madison, now put James Monroe up as their 
candidate for President, and Daniel D. Tompkins, for 
Vice-President. 

A very feeble opposition was made by the Federalists, 
who again nominated and ran Eufus King. But he only 
received 34 votes, while Monroe received 183. 

In the early part of this year, Indiana was admitted as 
a State, making nineteen in the Union at this election. 



PRESIDENTIAL ELECTIONS. 147 

NINTH ELECTION, 1S20. 

Monroe and Tompkins were both re-elected without 
opposition. Their terms of office did not expire until 
the fourth of March, 1825, making twenty-four years in 
succession during which the Republicans (who about this 
time denominated themselves Democrats) had held the 
reins of government in their hands. All three of the 
Presidents held the office for two terms, and were all Vir- 
ginians. 

Between 1816 and 1820, four new States had been ad- 
mitted, viz., Mississippi, Illinois, Alabama, and Maine, 
making twenty-three which took a part in 31 r. Monroe's 
second election. 

TENTH ELECTION, 1S2J:. 

At this time there were four candidates for the office of 
President, viz. : 
Andrew Jackson, who received 90 of the electoral votes. 
John Quincy Adams " 84 " " 

William H. Crawford " 41 " " 

Henry Clay " 31 " " 

Neither of the candidates having received a majority, 
the election for the second time went to the House, where 
the vote was taken by States, Adams receiving 13, Jack- 
son V, and Crawford 4 votes. Mr. Adams was elected 
President. 

John C. Calhoun, against whom there had beGn very 
little opposition, had been elected by the electors by a 
large majority. 

Twenty-four States participated in this election, Mis- 
souri having been admitted since the last. But only 



148 OUTLINES OF U. S. GOVERNMENT. 

eighteen of them chose their electors by popular vote. 
Six of them continued to elect them by their Legislatures. 

ELEVENTH ELECTION, 1828. 

At this election Andrew Jackson succeeded to the 
Presidency, and John C. Calhoun was re-elected Vice- 
President. 

The opposition candidate for President was John Q. 
Adams, and for Vice-President, Richard Rush. 

Jackson received 650,028 of the popular, and 178 of the 
electoral votes ; and Adams received 512,158 of the pop- 
ular, and 83 of the electoral votes. This was perhaps the 
most strongly contested, and most bitter election that ever 
transpired in this country. 

No new States had been admitted since 1824, so there 
were but twenty-four States in the Union at this election. 

TWELFTH ELECTION, 1832. 

Andrew Jackson was re-elected President, and Martin 
Van Buren, Vice-President, by the Democratic party. 

Henry Clay was the opposing Whig candidate for the 
Presidency, and John Sergeant, of Pennsylvania, for the 
Vice-Presidency. 

Of the popular vote, Jackson received 682,502 

Clay 550,189 



Jackson's majority, 132,313 

Of the electoral vote, Jackson received 219, and Clay 49. 

There had been no increase of States since the last elec- 
tion, so but twenty-four States voted at this. 



PRESIDENTIAL ELECTIONS. 149 

THIRTEENTH ELECTION, 1836. 

The Democrats nominated their Vice-President for the 
office of President, and Richard M. Johnson, for that of 
Vice-President at this election. 

Gen William Henry Harrison, and several other candi- 
dates, without concert of action, or unanimity of design, 
were run in opposition to Van Buren, but he had a ma- 
jority over all. * 

The popular vote stood for Van Buren, 702,149 
For Harrison and others, 736,730 

Van Buren's majority, 25,413 

Michigan and Arkansas were admitted early in this year, 
which made twenty-six States at the period of this election. 

FOURTEENTH ELECTION, 18-iO. 

The same candidates were again nominated at this 
election that ran at the last; with this exception, that the 
Whigs dropped all others and concentrated on General 
Harrison. 

Hence the opposing tickets stood : 

Whig — William Henry Harrison, for President, and 
John Tyler tor Vice-President. 

Democratic — Martin Van Buren, for President, and 
Richard M. Johnson, for Vice-President. 

The popular vote showed this result — 

For Harrison, 1,274,783 

" Van Buren, 1,128,702 

Harrison's majority, 46,081 

This was one of the most excited elections ever known 



150 OUTLINES OF U. S. GOVERNMENT. 

in the United States. The Whigs adopted the practice of 
singing political songs at their meetings. It was called 
"The Log Cabin and Hard Cider Campaign," because the 
Whigs built log cabins and held their meetings in them, 
and drank hard cider, to burlesque the remark of a Demo- 
crat, that General Harrison lived in a log cabin and drank 
hard cider. 

He lived only one month and two days after his inaug- 
uration ; and John Tyler became acting-President, in con- 
formity with the provisions of the Constitution, which 
were now applied for the first time since the government 
was established. 

No new States had been added since 1836, so that the 
same nmmber acted in this election, as took part in the 
previous one, viz., 26. 

FIFTEENTH ELECTION, 1844. 

The Whig and Democratic parties placed themselves 
in battle array, with Henry Clay as candidate for Presi- 
dent, and Theodore Frelinghuysen for Vice-President, on 
the side of the Whigs ; and James K. Polk for Presi- 
dent, and Geo. M. Dallas for Vice-President, on the Dem- 
ocratic side. 

The popular vote at this election showed the following 
result. 

For Polk and Dallas 1,335,834 

" Clay and Frelinghuysen 1,297,033 



Polk's majority 38,801 

The Abolitionists ran Mr. Birney for President, and he 
received 62,270 votes. 



PRESIDENTIAL ELECTIONS. 151 

This was the third time Mr Clav lias been a candidate, 
and the third time he had been defeated \ to the srreat 
sorrow of a majority of the people of the United States, 
for many who voted against him on purely party grounds, 
really desired his election. 

The most prominent question at issue between the con- 
tending parties at this time was, the annexation of Texas, 
which the Democrats favored, and the Whigs opposed. 

Mr. Polk's administration was distinguished by the war 
between the United States and Mexico, which grew out of 
the annexation of Texas. Since 1836, there had been no ac- 
cessions of new States, and hence there were but 26 in the 
Union at this election. 

SIXTEENTH ELECTION, 1S4S. 

The political tide turned at this election in favor of the 
Whigs, or in the triangular fight, Democrat slaughtered 
Democrat, and Gen. Taylor won the field. The order of 
battle was on this wise : — the Whigs massed their forces 
under Gen. Zachary Taylor while the Democrats divided 
theirs into two divisions, with as much hostility to each 
other, as to their old and common enemy the Whigs Gen. 
Lewis Cass was at the head of the first and largest divis- 
ion, while Mr. Van Buien commanded the second and 
smaller division. 

" When Greek meets Greek, then comes the tug ofwar/^ 
When Democrat meets Democrat then comes defeat 

But to drop military figures, the respective candidates 
at this election were, — Whig Zachary Taylor tor Presi- 
dent, and Millard Fillmore for Vice-President , Democrat, 
Lewis Cass for President, and William O. Butler ot Ken- 



152 OUTLINES OF U. S. GOVERNMENT. 

tucky for Vice-President. Free Soil Democrats, Martin 
Van Buren for President, and Charles R Adams for Vice- 
President. 

After the election, the popular vote showed this result. 

Taylor and Fillmore 1,362,024 

Cass and Butler 1,222,419 

Van Buren and Adams 291,678 

Mr. Van Buren opposed the regular Democratic candi- 
date on the ground that he (Van Buren), was opposed to 
any further extension of slavery, while Mr. Cass and his 
friends were not. 

Gen. Taylor died on the 9th of July, 1850, after admin- 
istering the Government 1 year, 4 months and 4 days, and 
for the second time since the Government was put into 
operation, the Vice-President became the Acting Presi- 
dent. 

Since the year 1844, 4 new States, viz., Texas, Florida, 
Iowa and Wisconsin had been admitted ; which made 30 
States in the Union at this election. 

SEVENTEENTH ELECTION, 1852. 

At this election the Democrats regained their lost power 
with Franklin Pierce for their Chief Magistrate, and 
William R. King* for the second. 

The Whigs put General Winfield Scott in nomination 
for President, and William A. Graham of North Carolina 
for Vice-President. 

Pierce and King received 1,590,490 popular votes. 

Scott and Graham " 1,378,589 " 

Majority for Pierce and King 212,901 

* William E. KiDg, of Alabama, died April 18, 1853, and never 

took his seat 



PRESIDENTIAL ELECTIONS. 153 

Perhaps no Presidential election ever occurred in the 
United States, in wliich there was less interest than in this; 
for neither party appeared to be very well pleased with 
their candidates. 

This Whig defeat was so disastrous to that party that 
it disbanded immediately afterwards and became extinct. 

Since 1848 California had been admitted, making 31 
States at the time of this election. 

EIGHTEENTH ELECTION, 1S56. 

The Presidential campaign of this year was opened with 
three candidates for the Presidency in the field ; as fol- 
lows : — 

James Buchanan, and John C. Breckenridge, for Presi- 
dent and Vice-President, on the Democratic side. 

As stated in our notice of the election of 1852, the 
Whig party had become extinct. But a new one had 
been organized, — whose members called themselves Re- 
publicans, — for the purpose of opposing the further ex- 
tension of slavery. 

This party nominated John C. Fremont and William 
L. Dayton, for President and Vice-President. 

A fraction of the American party yet remained alive, 
and they put Millard Fillmore and Andrew J. Donnelson 
in nomination as their candidates. This party was organ- 
ized in opposition to the election of foreigners to office. 

The popular vote showed this result : 

For Buchanan and Breckenridge 1,803,029 

" Fremont and Dayton 1,342,164 

" Fillmore and Donnelson 874,025 

Buchanan was elected, but only by a plurality vote, 



154 OUTLINES OF U. S. GOVERNMENT. 

Fremont and Fillmore together had a majority of 413,- 
760 votes; 31 States, the same as at the last election, 
participated in this. Mr. Buchanan's administration is 
distinguished as the one under which the late lebellion 
broke out, and which was followed by our civil war. He 
fell into disgrace by refusing to do anything to suppress 
the rebellion. 

NINETEENTH ELECTION, 1860. 

The period for another Presidential election returned in 
November of this year, and four candidates were put into 
the field. 

Abraham Linooln by the Republican party for President, 
and Hannibal Hamlin for Vice-President. 

Stephen A. Douglas, by the Northern Democrats for 
President, and Herschel V. Johnson for Vice-President. 

John C. Breckenridge, by the Southern Democrats for 
President, and Joseph Lane for Vice-President. 

John Bell by the American party for President, and 
Edward Everett for Vice-President. 

Three candidates against one, so divided the strength of 
the opposition to Mr. Lincoln, that it insured his election ; 
but only by a plurality vote. 

The popular vote for Lincoln and Hamlin was 1,866,452 

Douglas and Johnson 1,375,157 
Breckenridge and Lane 847,958 
Bell and Everett 590,631 

The three latter, together had a majority of 947,289 
votes over Lincoln. The whole vote was much larger . 
than any ever before given at a Presidential election, and 
amounted to 4,680,193. By the census taken this year, 



PRESIDENTIAL ELECTIONS. 155 

the whole population in the States, including slaves, and 
excluding the Territories whose population cannot vote 
for President, was 31,148,048. Two new States, — Minne- 
sota and Oregon, — had been admitted since the last elec- 
tion, making 33 States, which voted at this. 

The ostensible and prominent questions which divided 
the supporters of these candidates at this election, were 
as follows ; 

Lincoln's opposed the extension of slavery ; Brecken- 
ridge's favored it. 

Douglas's favored the submission of the question to the 
new States to be admitted; leaving them to decide 
whether slavery should be allowed in them or not. 

Bell's ignored the whole question and called their plat- 
form " The Constitution and the Laws." 

twentieth: election, 1864. 

The twentieth and last Presidential election (up to the 
present time, 1867,) took place this year. Abraham Lin- 
coln, was re-nominated by the Republicans, Mr. Hamlin 
was dropped for Vice-President, and Andrew Johnson (a 
Democrat,) was nominated in his place, on account of his 
loyalty during the rebellion. 

Gen. George B. McClellan and Geo. II. Pendleton were 
nominated by the Democratic party as their candidates for 
President and Vice-President. 

The popular vote for them was as follows : — 

For Lincoln and Johnson 2,223,035 

" McClellan and Pendleton 1,811,754 

Total popular vote 4,034,789 



156 OUTLINES OF U. S. GOVERNMENT. 

This shows more than half a million less votes than at 
the election of 1860. The cause of this was that 11 of the 
Southern States had seceded from the United States in 
1860 and 1861 ; and still continued in that condition ; and 
consequently did not vote at this election. But two new 
States had been added since the last election, viz., Kansas 
and West Virginia. These made 35 States in all, but by 
deducting the 11 seceded States, only 24 were left to vote 
at this election. 

Mr. Lincoln's administration will long continue to be 
one of the most distinguished on record, on account of 
the civil war which raged during the whole period of it. 

His assassination, within little more than a month after 
he had entered upon his second term, filled the nation 
with sincere mourners, and shocked the moral sense of 
the world to an extent rarely felt at any antecedent event. 

His death elevated the Vice-President to the position of 
Acting President ; this being the third instance of the kind 
in the history of our Government. 



ELECTORS. 157 



CHAPTER XXXVL 

Electors. 

1. An elector, in the broadest sense of the word 
means anybody who votes at an election for any person 
for any office or position whatever it may be, and who 
is generally styled a voter. I3ut in a more restricted 
sense, and that in which it is used here, elector means 
a person chosen to elect the President and Vice-Presi- 
dent of the United States. Two different methods have 
been used to choose these electors, and both were in 
conformity with the Constitution ; for it Bays u that each 
State shall appoint, in such manner as the Legislature 
thereof may direct, a number of electors equal to the 
whole number of Senators and Representatives to which 
the State may be entitled in Congress/' Xow this left 
the Legislatures of the respective States to appoint the 
electors themselves, or to direct their appointment in 
any other way. Hence in some States the Legislatures 
chose them, and in others they passed acts directing 
their election by the people ; and as far down as 1S2J: 
m six of the States the Legislatures continued to ap- 
point or elect them themselves ; while in all the re- 
maining States their election was o-iven directlv to the 
people, and this method has now become universal in 



158 OUTLINES OF U. S. GOVERNMENT. 

all the States, and is the one which seems to be most 
approved by the people. 

2. These electors, when chosen, must meet in their 
respective States on the first Wednesday of December 
— that is, when a Presidential election occurs (which is 
every fourth year) ; and when assembled, they are de- 
nominated the electoral colleges, and vote for one man 
for President and for another for Vice-President ; after 
which these votes are sent to the President of the Sen- 
ate of the United States by a messenger selected for 
that express purpose. When this is done, the duties of 
the electors are done, and they have nothing more to 
do in the matter. The college is dissolved, never to 
meet again. But in four years, at the next Presidential 
election, a new college will assemble for the same pur- 
pose and to perform the same duty. 

3. When these votes reach Washington, the Senate 
and the House of Representatives assemble together on 
the second Wednesday in February, and in their pres- 
ence the votes are opened and counted, and it is then 
declared who has been elected President and Vice- 
President of the United States for the next four years. 
Until quite lately, the Presidential elections were held 
in different States on different days ; but by an act of 
Congress, one day for this election is now designated 
throughout all the States, and that day is the first Tues- 
day after the first Monday in November. This is the 
method which the Constitution has declared shall be 
used in the election of the President ; but it is a clumsy 
and cumbrous piece of machinery — a wheel within a 



ELECTORS. 159 

\ wheel — and we hope it will soon be worn out, and the 

J people be allowed to vote directly for the candidates 

I they prefer. This would enable them to vote for their 

choice for Vice-President, which they cannot always 
now do, for the electors are bound to vote for the Vice- 
President who runs on the ticket with the President. 
Hence if a voter wishes to vote for a certain candidate 
for President, he must vote for the Vice-President who 
runs on the same ticket, whether he prefers him or not 



160 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER XXXVII. 
Embassadors, Foreign Ministers, Charge d' Affaires. 

1. Foreign Ministers are the representatives of one 
nation to another, and are the agents used to regulate 
their political relations, and commercial intercourse ; to 
make treaties, and to settle disputes and misunderstand- 
ings which may occur between them. The office of a 
Foreign Minister is one of great dignity and honor. He 
ought to have extensive knowledge of national affairs, 
sound judgment, prudence and wisdom ; for by these he 
may prevent contentions, strife and war. This officer is 
not peculiar to our Government, or to our times. Nearly 
all civilized nations of any standing or importance both 
receive and send them, and did so in ancient times. 

2. By the laws of nations, ambassadors are exempt from 
arrest, imprisonment or prosecution ; because they are the 
representatives of the sovereign or nation who sent them. 
Even their servants are secure from arrest, and their prop- 
erty exempt from seizure for debt. The laws of Congress 
protecting Foreign Ministers to this country, is but an 
enactment of what was before known to be the law of 
nations, all over the civilized world ; and a violation of 
this well recognized law, without reparation and satisfac- 
tion, would be a cause of war against the offending party. 

3. Our own foreign ministers of all grades are appointed 



AMBASSADORS. 161 

by the President, by and with the advice and consent of 
the Senate. They are not however the representatives of 
the President, but of the Government of the United States. 
We said of all grades, for there are grades of these offi- 
cials, different in dignity and power. They are distin- 
guished also by different names which indicate their rank, 
viz., Ambassadors, Envoys Extraordinary, and Ministers 
Plenipotentiary, Ministers, Resident and Charge d'Aft 
faires. 

AMBASSADORS. 

4. This title in our country has no very specific mean- 
ing. It designates, however, a minister of the highest 
grade ; but does not distinguish between one who <^oes to 
reside in the country whither he is sent ; and one who is 
sent for some special purpose ; such as that of negotiating 
a treaty of peace, or some other particular matter with 
which he is charged, and when that is accomplished re- 
turns home. In the latter case he is frequently styled a 
Commissioner, because he was duly authorized, and com* 
missioned by his Government to act for it; but in both 
cases the officer is an Ambassador, for that word means a 
person authorized and sent to transact business for his 
Government. 

ENVOYS EXTRAORDINARY AND MINISTERS PLENIPOTENTIARY. 

5. These titles designate ministers of the highest class ; 
but generally refer to such as go to reside in the country 
where sent, and with full power to act for their govern- 
ment, in all matters and things of a diplomatic character. 

Where negotiations become necessary between the two 
nations, permanent ministers of this grade are only sent to 



162 OUTLINES OF U. S. GOVERNMENT. 

great powers, — governments of the higher class. At the 
present time we have twelve foreign ministers of this class, 
one in each of the following countries . — Austria, Brazil, 
Chili, China, France, England, Italy, Mexico, Peru, Prus- 
sia, Russia, and Spain. Those to England and France, 
receive in cash $17,500 per year salary, the one to Peru, 
$10,000, and each of the others $12,000. 

MINISTERS RESIDENT. 

6. These are not considered so high in rank as those 
termed Envoys Extraordinary, and Ministers Plenipoten- 
tiary. Yet they are clothed with nearly the same powers, 
but are sent to countries of less importance, and receive 
less salaries, viz., $7,500. 

At this time we have twenty of this grade, one in each 
of the following places : — Argentine Confederation, Bel- 
gium, Bolivia, Costa Rica, Denmark, Ecuador, Guatemala, 
Hawaiian Islands, Honduras, Japan, Netherlands, U. S. 
of Colombia, Nicaragua, Paraguay, Portugal, Rome, 
Sweden, and Norway, Switzerland, Turkey, and Vene- 
zuela. 

COMMISSIONERS. 

7. There are a still lower grade of ministers (if we may 
call them so), or Government agents, who reside abroad. 
They are sent to look after the interests of our govern- 
ment and its citizens in places of not much importance, and 
where there is but little to do. They also receive but 
small pay. We have now but two of them, one in Hayti, 
and one at Liberia in Africa. 

CHARGE D'AFFAIRES. 

8. These officials rank as the lowest grade of ministers 
or diplomatic officers, and are not clothed with much au- 



SECRETARIES OF LEGATION. 1G3 

thorily or power, excepting when authonzed to act in the 
^ooni of a minister of higher rank, whose place is for the 
time beniGC vacant. In this case consuls have been author 
lzed to act in place of ministers ; but not unless author- 
ized to do so by the President of the United States. 

SECRETARIES OF LEGATION. 

9. Secretaries of Legation may with propriety be noticed 
under the general head of ministers, although they are not 
ministers of any grade, but are appointed by the same 
power that appoints ministers, and accompany them 
merely as their secretaries. In the absence of a charge 
d'affaires, they are sometimes authorized to act in his 
place. The position is not one of great dignity, nor is the 
compensation large. 



164 OUTLINES OF U. S. GOVERNMENT* 



CHAPTER XXXVIII. 

Consuls. 

1. Consuls are officers not peculiar to our govern- 
ment. They are known and employed by many, if 
not all, ot the civilized nations of the world, and are 
recognized by the law ot nations, Their duties and 
fields of action are always in foreign countries — never 
at home. Although they are the agents of the govern- 
ment that employs them, yet many of their duties re- 
quire them to act for and in behalf of the private citi- 
zens of their country who may happen to be within 
their consulate. 

2. The Constitution provides that the President and 
Senate shall appoint all our Consuls. The President 
signs their commissions, which bear the great seal of 
the United States, and which prove to the government 
where they are sent that they are duly appointed and 
authorized to discharge the duties of Consuls at the 
ports or places to which they have been appointed. 

3. In order to show the nature of a Consul's duties, 
3uch as the laws impose upon him, we will state the 
substance of several acts relating to this subject. 

1. Whenever a vessel belonging to a citizen of the 
United States arrives at the port where he is stationed, 



CONSULS. 165 

it is his duty to receive the ship's papers, and to see if 
they are all correct. 

2. It is his duty to provide for sick, disabled, and 
destitute American seamen, and to send them home by 
some vessel going to the United States. 

3. He must hear the complaints of seamen, and set- 
tle disputes between the captain and men ; and for good 
cause he may discharge the whole ship's crew. 

4. It is made his duty to receive and take care of the 
personal property of any citizen of the United States 
who has died within his consulate, and to send any bal- 
ance which may be left after paying his debts and ne- 
cessary expenses to the Treasury of the United States, 
to be held in trust for the lecral claimants. lie must 
also give notice to the Secretary of State of the death 
of such person. 

4. For the purpose of carrying out and executing cer- 
tain treaties made between the United States and 
China, Japan, Siam and Turkey, Consuls to th 
countries have been empowered with judicial functions. 
They were allowed to act as judges, and to try and 
punish citizens of the United States who had committed 
crimes there. These, however, were extraordinary 
powers in special cases, and by no means common to 
to the Consular office. 

5. In the absence of a minister or diplomatic agent 
of the United States, the President may authorize a 
Consul to perform the duties of such foreign minister ; 
but these powers are rarely conferred on them. Their 
ordinary duties relate to commercial affairs, and to such 
as are before stated. 



166 OUTLINES OF U. S. GOVERNMENT. 

6. A Vice Consul, or Deputy Consul, is one ap- 
pointed to act temporarily in case of sickness or ab- 
sence of the Consul, His powers, while acting, are the 
same as those of the Consul in whose place he acts. 
Every Consul is required to give bonds for the faithful 
performance of his duties. 

. 7. Our commerce has been extended to almost every 
part of the globe, and for this reason we need a great 
number of these officials. Their services are required 
at all great seaports, and at many smaller ones. Their 
compensation varies according to the amount of busi- 
ness to be transacted by them, from $7,500 down to 
$500. Some do not receive any salary, but are allowed 
the fees they are authorized to charge for their services. 

8. A Consul is to some extent a representative of his 
government, and is therefore treated w T ith consideration 
and respect. An insult to him is looked upon as an in- 
sult to his country, for he is a kind of general agent for 
his government and people. It is his duty to give them 
all such information as he possesses m relation to the 
laws and practices of the country to which he is sent, 
which it would be important for them to know whether 
at home or abroad ; and especially is it his duty to look 
after the interests and welfare of his countrymen when 
they are within his Consulate, and to see that no wrong 
or injustice is clone to them by the people or govern- 
ment where he resides. 



TREATIES. 1G' 



CHAPTER XXXIX 
Treaties. 

1. If two individuals enter into a written contract or 
agreement ; in which each agrees with the other, to do^ or 
not to do, certain things therein stated and specified ; 

these individuals or parties to the contract, as they are 
called, perform an act which is most like a Treaty be- 
tween two nations, States or powers, of anything we can 
think of as a comparison or illustration, if called to answer 
the question " what is a Treaty." 

In one case two individuals make the Contract ; in the 
other two nations or governments make it, and it i> called 
a Treaty, when governments are the contracting part it 8. 

2. Treaties have been of great service to the world, both 
m ancient and mordern times. By these negotiations, 
wars have often been prevented, friendly relations main- 
tained, and commercial intercourse kept up, advantage- 
ously to both parties. Treaties may be negotiated by any 
persons properly authorized by their government to do so; 
and any government may authorize such persons as they 
see fit to perform these important acts. In many cas< - 
the ordinary ministers who represent their governments to 
other governments negotiate ordinary treaties. But in 
cases where something of an extraordinary character is to 
be arranged, special ministers or commissioners are sent for 



1G8 OUTLINES OF U. S. GOVERNMENT. 

this express purpose. This was the case at the Treaty of 
Ghent, (so called from the name of the place where the 
commissioners met to arrange it,) in 1814: by which a 
peace was brought about between England and the United 
States, after the last war between those powers. Special 
Ministers, or Commissioners as they were denominated, 
were appointed and sent for this very purpose. A treaty 
of peace was agreed upon by the commissioners of the re- 
spective countries, and hostilities ceased as soon as the 
news reached the United States. 

3. In some cases our Government has authorized its 
commanding generals to make a treaty with the hostile 
nations. It has also given the same power to the com- 
manders of our national vessels ; and also, in a few cases, 
to our consuls, in countries at a great distance from home, 
such as China, Japan, Siam, and Turkey. 

The persons authorized to negotiate a treaty, rarely act 
without instructions from their government, as to the 
times and conditions of the proposed treaty. Much, how- 
ever, must be left to the sound judgment and discretion 
of the negotiators as to the details. 

4. It must be borne in mind that a treaty, although 
mutually agreed upon by the agents of the nations con- 
cerned, is not binding upon either party, until properly 
ratified according to the forms of the respective govern- 
ments interested. The modes of ratification differ in dif- 
ferent governments. In ours the Constitution confers 
tliis power upon the President, by and with the advice and 
consent of two-thirds of the Senate. 

In absolute monarchies this power rests in the hands of 
the King or Emperor alone. As before stated, every gov- 
ernment may confer the power to negotiate a treaty upon 



TREATIES. 169 

such agents as it pleases. It also has the power to pre- 
scribe such modes of ratifying or confirming it as it pleases. 

5. But when once made and approved, it becomes bind- 
ing not only upon the respective governments that made 
it, but upon all the citizens and subjects of that gov- 
ernment. It has been held in this country by our 
greatest lawyers and statesmen, that the provisions of 
a treaty bind Congress, the President, and every citizen, 
as much as any constitutional provision or act of Con- 
gress. And for this reason our treaties are published 
in the papers, in every State and Territory in the 
Union, in the same maimer, and to the same extent, as 
the laws of Congress. 

6. The violation of a treaty by either of the parties 
thereto, is reprehensible and criminal. It is derogatory 
to the character of any nation or individual that does 
it. It destroys the confidence of one nation in the 
other, ^pads to unfriendly feelings and acts between the 
parties, and may bring on a war, if satisfaction is not 
given. Yet such things have been done, and evil conse- 
quences have always followed. u If you make a bargain, 
stick to it," is a common, trite, and wise saying. 

Just here it seems proper to call attention to the 

fact that the Constitution prohibits any State from 

making any treaty with any foreign government. The 

reason for this provision is very obvious, for, if allowed, 

a State might confer privileges upon foreign powers 

which would be incompatible with the interests of 

other States. Therefore the treaty-making power is kept 

wholly in the hands of the general government, for in 

it every State has its representatives, and a voice in 

every treaty which it makes. 
II 



170 OUTLINES OF U. S. GOVERNMENT. 

7. So numerous are the treaties which the United 
States have made with nearly every civilized nation 
upon earth, that it would require a very large volume 
to contain them. They are published with the laws, 
and generally in English, and in the language of the 
nation with whom the treaty is made. They may be 
found in the United States Statutes at Large. It would 
require too much space in a work of this kind, to give 
even their titles. 

8. Wars have been stopped; boundary lines between 
nations have been established ; commercial intercourse 
arranged ; the purchase and sale of lands, and a variety 
of other things have been the subjects of, and formed 
the matter of treaties. Several of our most important 
ones relate to the purchase of Territory. We acquired 
the States of Louisiana, Arkansas and Missouri, by a 
treaty with France in 1803. It was called the Louisi- 
ana purchase ; for it was nothing more than a purchase 
and sale of lands. We also acquired Florida of Spain, 
in 1819, in the same way, and California and New 
Mexico of Mexico, in 1847. 

9. The immense quantities of land purchased of the 
Indians, were obtained by treaties with them. We are 
sorry to say that in some cases they have treacherously 
violated their treaty obligations ; but at the same time it 
should be said by way of extenuating their offence, that 
our own government agents, appointed for the pur- 
pose of taking care of the interests of the poor Indians, 
have, in connection with white traders among them, 
shamefully cheated and -wronged them, and provoked 
them not only to disregard their obligations, but to 
perpetrate murders, robberies, and thefts upon the 



TREATIES. 171 

whites who live near them. At this time, and for several 
years past, the Indians are very hostile to us, and are 
prosecuting a war with the whites in their vicinity 
for the reasons above stated. " Honesty is the best 
policy." 

10. In the early part of the year 1SG7, a treaty was 
negotiated by William II. Seward, our Secretary of 
State, on the part of the United States, and Edward 
de Stoekl, the Russian Minister to the United States, 
on the part of Russia, for the cession of the Rus- 
sian possessions in jS'orth America to the United 
States. 

This treaty will become one of the most important 
among all our treaties with foreign powers ; for by it 
the United States will acquire between 350,000 and 
400,000 square miles of territory, in addition to our 
already immense possessions; and will place by far the 
greater part of the Northwestern coast of North 
America under the control of the United States Govern- 
ment. 

For the purpose of giving a specimen of a treaty, 
and showing some of the details of this negotiation, we 
here insert it in full, as agreed upon by the contracting 
parties. $7,000,000 in gold is the consideration which 
the United States is to pay Russia for this territory. 
This treaty is not yet consummated, although it has 
been ratified bv both the United States and the Russian 
governments. But the money ($7,000,000 in gold) has 
not been appropriated for the purpose This must be 
done by the House of Representa'ives before the treaty 
can go into effect. 



172 OUTLINES OF U. S. GOVERNMENT. 

THE RUSSIAN TREATY. 

The following is the text of the Russian- American 
treaty : — 

" The United States of America, and his Majesty, the 
Emperor of all the Russias, being desirous of strength- 
ening, if possible, the good understanding which exists 
between them, have for that purpose appointed as their 
plenipotentiaries, the President of the United States, 
William H. Seward, Secretary of State, and his Majesty 
the Emperor of all the Russias, Mr. Edward de Stoeekl, 
his Envoy Extraordinary and Minister Plenipotentiary 
to the United States, and the saidplenipotiaries, having 
exchanged their full powers, w r hich were found to be 
in due form, have agreed upon and signed the following 
articles : 

Article I. His Majesty, the Emperor of all the 
Russias, agrees to cede to the United States, by this 
convention, immediately upon the exchange of the rat- 
ifications thereof, all the territory and dominion now 
possessed by his said Majesty on the continent of 
America and in the adjacent islands, the same being 
contained within the geographical limits herein set 
forth, to wit : The eastern limit is the line of demarca- 
tion between the Russian and the British possessions in 
North America, as established by the convention be- 
tween Russia and Great Britain of February 28 (16), 
1825, and described in articles third and fourth of said 
convention in the following terms : Commencing from 
the southernmost point of the island called Prince of 
Wales' Island, which point lies in the parallel of 50 



TREATIES. 173 

cleg. 40 min. north latitude, and between the 131st and 
133d deg. of west longitude, meridian of Greenwich. 
The said line shall ascend to the north alonsr the chan- 
ncl called Portland Channel, as far as the point of the 
continent where it strikes the 56th degree of north 
longitude. From this last mentioned point the line of 
demarcation shall follow the summit of the mountains 
situated parallel to the coast as far as the point of in- 
tersection of the 141st degree of west longitude of the 
same meridian, and finally from the said point of inter- 
section the said meridian line of the 141st degree in its 
prolongation as far as the Frozen Ocean. With refer- 
ence to the line of demarcation laid down in the pre- 
ceding article, it is understood — first, that the island 
called Prince of Wales' Island shall belong wholly to 
Russia, and now, by this cession, wholly to the United 
States; second, that whenever the summit of the moun- 
tains which extend in a direction parallel to the coast 
from the 56tli degree of north latitude to the point of 
intersection of the 141st decree of west longitude shall 
prove to be at the distance of more than ten marine 
leagues from the ocean, the limit between the British 
possessions and the line of coast which is to belong to 
Russia, as above mentioned — that is to say, the limit of 
the possessions ceded by this convention — shall be 
formed by a line parallel to the winding of the coast, 
and which shall never exceed the distance of ten ma- 
rine leagues therefrom. The western limit, within 
which the territories and dominion conveyed are con- 

c 

tained, passes through a point in Behrifig's Strait on the 
parallel of 65 deg. 30 min. north latitude, at its inter- 



174 OUTLINES OF U. S. GOVERNMENT. 

section by the meridian, which passes midway between 
the island of Krusenstern, or Ignaalook, and the island 
of Ratmanog, or Noonerbook, and proceeds due north 
without limitation into the same Frozen Ocean. The 
same western limit beginning at the same initial point, 
proceeds thence in a course nearly north-west through 
Behring's Strait and Behring's Sea, so as to pass mid- 
way between the north-west part of the island of St. 
Lawrence and the south-east point of Cape Choukottki 
to the meridian of 172 deg. west longitude. Thence, 
from the intersection of that meridian, in a south-west- 
erly direction, so as to pass midway between the island 
of Attou and the copper island of the Koranddorski 
couplet or group in the North Pacific Ocean, to the 
meridian of 193 deg. west longitude, so as to include in 
the territory conveyed the whole of the Aleutian Islands 
east of that meridian. 

' Art. II. In the cession of territory and dominion made 
by the preceding article, are included the right of prop- 
erty in all public lots and squares, vacant lands, and all 
public buildings, barracks, aud other edifices which are 
not private, individual property. It is, however, under- 
stood and agreed that the churches which have been built 
in the ceded territory by the Russian Government shall 
remain the property of such members of the Greek Orien- 
tal Church resident in the territory as may choose to 
worship therein. Any government archives, papers, and 
documents relative to the territory and dominion afore- 
said, which may be now existing there, will be left in 
possession of the agent of the United States ; but an au- 
thenticated copy of such of them as may be required will 



TREATIES. 17 5 

be at all times civcn bv the Unit- - to the Russian 

Government, or to such li in oih cen or subj tfl 
they may apply tbr. 

Aet. III. The inhabitants of the ceded territory, accord- 
ing to their choice, reserving their natural allegiance, ma 
return to Russia within three years; but if they -hould 
prefer to lemain in the d territory, they, with the ex- 

ion of uncivilized tri -hall be admitted to the en- 
joyment of all the rights, advantage-, and immunit. f 
is of the United States and shall be maintained and 
protected in the free enjoyment of their litarty, property, 
and religion. The uncivilized tiibe- will be subject to 
shcIi laws and regulations as the Unit 3 nay from 

:ne to time adopt in regard to aboriginal tribes of that 

ontry. 

Akt. IV. His Majesty, the Emperor of all the Re no .s, 
shall appoint, with convenient dispatch, an agent or 
agents for the purpose of formally delivering to a similar 
igent or agents, appointed on behalf of the Unite S 
the territc dominion, property, dependencies, and ap- 
purtenanc hich are ceded as above, and for doing any 
other act which may be necessary in regard thereto; but 
the 381 :i. with the right of immediate pos- n :., 
nevertheless to be deemed complete and absolute on the 
exchange of ratifications, without waiting for such formal 
delivery. 

Ar.T. V. Immediatelv after the exchange of the ratifica- 
- of this convention, any fortifications or military 
posts which may be in the ceded territory shall be deliv- 
ered to the asrent of the United States, and anv Russian 
troops which may be in the territory shall be withdrawn 



176 OUTLINES OF U. S. GOVERNMENT, 

as soon as may be reasonably and conveniently practica- 
ble. 

Art. VI. In consideration of the cession aforesaid, the 
United States agree to pay, at the Treasury in Washing- 
ton, within months after the exchange of the ratifica- 
tions of this convention, to the diplomatic representative, 
or other agent of His Majesty, the Emperor of all Rus- 
sias, duly authorized to receive the same, million 
dollars in gold. The cession of territory and dominion 
herein made is hereby demanded to be free and unincum- 
bered by any reservations, privileges, franchises, grants, 
or possessions, by any associated companies, whether 
corporate or incorporate, Russian or any other, or by any 
parties except merely private individual property hold- 
ers ; and the cession hereby made conveys all the rights, 
franchises and privileges now belonging to Russia in the 
said territory or dominion and appurtenances thereto. 

Art. VII. When this convention shall have been duly 
ratified by the President of the United States, by and 
with the advice and consent of the Senate, on the one 
part, and on the other by His Majesty, the Emperor of all 
the Russias, the ratifications shall be exchanged at Wash- 
Wton within from the date hereof, or sooner, if pos- 
sible. In faith whereof the respective plenipotentiaries 
have signed this convention, and thereto affixed the seals 
of their arms. 



EXTRADITION TREATIES. 177 



CHAPTER XL., 

Extradition Treaties. 

1. In the preceding chapter we spoke of treaties gener- 
ally. We now come to a particular land of them, called 
Extradition Treaties, which are of so recent date, that they 
form a new feature in our diplomacy.* Among our 
treaties with foreign nations, we find nothing upon this 
subject farther hack than the year 1842, when a treaty of 
this kind was made hetween the United States and England, 
the necessity for which arose out of the fact that persona 
frequently committed crimes in England, and then lied to 
the United States (and vice versa) to escape detection and 
punishment; for they could not he punished in the coun- 
try to which they tied, inasmuch as it had no jurisdiction 
of a crime committed in a foreign country. To check this 
evil, a treaty was made hetween the two powers, in which 
they mutually agreed to deliver up, each to the other, any 
criminal who had perpetrated crimes of a certain kind 
(which were named in the treaty) in his own country, and 
afterwards tied to the other. This worked well. Its ten- 
dency was to check crime, and at the same time to multi- 
ply the chances of detection and punishment. 

* Diplomacy, the art, science and skill of conducting and man- 
aging negotiations, treaties and international affairs. It also relates 
to the customs, usages, and privileges of foreign ministers. All the 
foreign ministers to any government, are called the diplomatic 
body. 



in 


1843 


a 


1852 


a 


1855 


a 


1857 


a 


18G0 


u 


1861 



1 / 8 OUTLINES OF U. S. GOVERNMENT. 

2. Subsequently, treaties of the same kind were made 
between the United States and the following couri- 
tries : — 

France, 

Prussia, and 17 other German States, 

Switzerland, 

Baden, 

Sweden, 

Venezuela, South America, 

The time is probably not distant, when treaties of this 
sort will be made between us and all the civilized nations 
of the world ; for the intercourse between us and foreign 
nations is greater than ever before. 

The effect of these international arrangements is, to 
render the perpetration of crime more dangerous than it 
would be if they did not exist. Flight from the country 
where the crime was committed was formerly one of the 
most effectual methods of escaping the penalty. But Ex- 
tradition Treaties, Atlantic Cables, and land telegraphs, 
have nearly spoiled this game. 

3. An Extradition Treaty then is, a mutual agreement 
between two nations, to deliver up, each to the other, upon 
demand, and proper proof of criminalty, such persons as 
have committed crimes in one country and then fled to the 
other, that they may be taken back, tried and punished 
where the offence was committed. But these demands 
for escaped criminals cannot be sustained if made for any 
crime whatever. They will only be complied with when 
the crime is one which is named in the treaty itself. These 
crimes, upon examination of a number of such treaties, we 
find to be : — 1. Murder, or an assault with an intent to 



EXTRADITION TREATIES. 179 

commit murder. 2. Piracy. 3. Arson. 4. Robbery 

5. Forgery, or the uttering of forged papers, or the mak- 
ing or circulating counterfeit money, either paper or coin. 

6. Rape. 7. Embezzlement, and 9. Burglary. 

4. It should be observed that a mere demand for an 
alleged offender is not sufficient. Proof enough to con- 
vince the judge before whom the case is brought must 
accompany the demand. He must be satisfied that the 
party demanded has committed the alleged offence ; when 
this is done, the judge reports his finding to the Secretary 
of State, whose duty then is, under his hand and seal of 
office, to issue the final writ of Extradition ; after which 
the criminal may be taken out of the United States (by 
force if necessary), and back to the country where he 
committed the crime, there to be dealt with according to 
the laws which he had violated. (" The way of the trans- 
gressor is hard.") 

5. In some of our Extradition Treaties it is expressly 
stipulated, that neither party (government) shall be bound 
to surrender its own citizens, or any person for a merely 
political offence. In others it is agreed that the provisions 
in the trpaty shall not apply to cases where the alleged 
crime was perpetrated before the treaty was made. This 
plea, we think, would be held to be a good defence in all 
cases, whether so stipulated in the treaty or not. 

6. The treaties between different nations for the surren- 
der of criminals, are so analogous to one of the provisions 
contained in our Constitution, that to insert it here will 
give the reader a clear comprehension of its meaning. It 
is found in the second section of Article 4, and reads 
thus — 



180 OUTLINES OF U. S. GOVERNMENT. 

" A person charged in any State, with treason, felony, 
or other crime, who shall flee from justice, and be found 
in another State, shall on demand of the executive author- 
ity of the State from which he fled, be delivered up, to be 
removed to the State having jurisdiction of the crime." 



LETTERS OF MARQUE AND REPRISAL. 181 



CHAPTER XLI. 
Letters of Marque and Reprisal. 

•1. The Constitution (Art. 1, Sec. 8), gives Congress 
power to declare war, and to grand letters of marque and 
reprisal. This is an act never to be done, but in time of 
war. Congress itself, does not issue the letters, but au- 
thorizes the President to do so. An act was passed in 
1863, expressly giving him this authority. A letter of 
marque and reprisal may be thus defined. 

2. It is a written commission signed and sealed by a 
competent authority of our nation, giving to the com- 
mander of a private armed vessel, called a privateer, au- 
thority to capture the ships and goods belonging to the 
subjects of another nation, between which nations there is 
an existing war. This is a general definition. But when 
such letters are issued by the United States, they are 
signed by the President and sealed with the seal of the 
United States. Without such commission, thus signed 
and sealed, any capture made by the commander of a pri- 
vate vessel, would be piracy. If a capture is made, it 
must be made according to the laws of war, as recognized 
by civilized nations, and according to the instructions 
given by the President. Any conduct on the part of a 
privateer, contrary to these rules, would vitiate his pro- 
ceedings, and he would not be entitled to the property he 
had captured, 



182 OUTLINES OF U. S. GOVERNMENT. 

3. The captured vessel is called a prize, and must be 
taken into some port of the United States, or in some port 
of a country in amity with the United States, where legal 
proceedings are taken before some court of competent 

jurisdiction ; and the capture and all the circumstances of 
it are enquired into ; and if all is found to have been done 
according to the laws of civilized nations, the captured 
vessel and cargo is condemned as a prize. But if not con- 
demned the captors lose her. When adjudged to be a law- 
ful prize, the ship and cargo are sold and the money di- 
vided between the officers and men, according to rank, 
and according to the laws of Congress on this subject. 
These laws give the whole to the captors, when the ship 
taken is of equal or superior force to the ship making the 
capture ; but if of inferior force, then the United States 
takes one half. 

4. Privateering, as this business is called, was once con- 
sidered a lawful and honorable mode of warfare. It was 
generally practiced between belligerent nations ; but in 
later days its propriety and morality have been questioned. 
It is beginning to be looked upon as a kind of robbery not 
very distantly related to piracy. That it is robberry no 
one can deny, and, query, " Can it be justified, on the 
ground that the robber and the robbed are the subjects of 
nations at war with each other ?" 

5. In Europe an effort has been made to do away with 
this species of warfare. We hope it will yet succeed, and 
that all nations will agree to abolish this system of plunder. 
Innocent parties are generally the sufferers, while but 
small injury is done to the power of the hostile nation. 



SUFFRAGE. 183 



CHAPTER XLII. 
Suffrage. 

1. The right of Suffrage, in its political sense, means the 
right to vote for such officers as are elected by the people ; 
including officers of the general Government, as well as 
those of the State Government, for whqp the right of suf- 
frage is conferred upon a man, it gives him the right of 
voting for every elective officer, from the President of the 
United States down to the lowest State, or municipal 

officer. 

In the Constitution, or laws of Congress, we find hut 
little said on the suffrage question ; because Congress has 
never claimed the right or power to legislate on this sub- 
ject. It has been conceded that this matter is one which 
belongs to the States; whatever qualifications the respec- 
tive States required of their citizens to vote for their own 
State officers, have been accepted by the general Govern- 
ment as the qualifications necessary to authorize them to 
vote for President, Vice-President, and Congressmen, the 
only officers of the United States Government for which 
the people, under the provisions of the Constitution as it 
now stands, can vote. 

2. From this statement we see that persons who, in one 
State, may vote for President, Vice-President and Con- 
gressmen, cannot do so in another State; because the 



184 OUTLINES OF U. S. GOVERNMENT. 

qualifications of voters in some States differ from those of 
voters in others. For example, some States lequire a res- 
idence in the State of one year, before a man can enjoy 
this franchise, other States but six months. In most of 
the States, it is required of foreigners to become citizens 
by naturalization before they are allowed to vote. But in 
some, this is not required. In some of the States colored 
persons can vote. In others this right is not given to them 
under any circumstances. Although it has long been con- 
ceded that the power of conferring the right of suffrage 
was one which belonged exclusively to the States, and 
although they have been allowed to do in this matter as 
it seemed right to them ; yet it is a question worthy of 
serious thought, whether Congress ought not, by law, to 
establish a uniform qualification of voters, one that is alike 
in all the States, whenever the elector votes for President, 
Vice-President or Congressmen ; for the people in all the 
States are affected as much by the votes given for those 
officers, in any one State, as they are by those given in 
their own. 

3. But it has always been a troublesome question to de- 
termine in every government where the people vote at all 
" who ought, and who ought not to vote ?" In the 
United States the elective franchise is extended further 
than in most other countries. Yet this question here has 
caused a great amount of political discussion. The Con- 
stitutions of several of the States have been changed in the 
effort to adjust this question on a correct basis. Up to 
this day, it remains unsettled in some of its features and 
details. Some contending that it is too much extended, 



SUFFRAGE. 1 85 

that is, that it is granted to persons who ought not to 
have it, while to others it is denied. 

4. The question of suffrage was never more discussed 
throughout the country than at the present time ; but the 
discussion turns principally upon the justice and propriety 
of extending this right to the colored people, as they are 
now all free. 



186 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER XLXIL 

Seals. 

3. Seals are of great antiquity. We read of them and 
of their use as far back as the days of Queen Esther. They 
were then used as they are now, to give additional proof 
of the authenticity or genuineness of any document or 
paper to which they were attached ; it being much easier 
to counterfeit a mere signature than the impression of a 
seal. They are of various devices, patterns and designs, 
and generally are emblematic of some historical fact, event 
or sentiment. They are used on papers and documents 
emanating from the government, or from some department 
of it. The law requires them to be attached and affixed 
to commissions, and many other papers, without which 
the paper would have no legality or validity. Formerly, 
the usual mode of sealing a paper, was to place melted 
wax on the margin, and then press the seal into the wax. 
This left the impression of the seal, and the work was fin- 
ished. 

2. But this mode of affixing seals was a rather slow pro- 
cess, and required more time than could often be spared 
for that purpose. In view of which, Congress, in 1854 
passed the following law — 

" In all cases where a seal is necessary by law to any 
commission, process, or other instrument, provided for by 



SEALS. 187 

the laws of Congress, it shall be lawful to affix the proper 
seal by making an impression therewith, directly on the 
paper to which such seal is necessary, which shall be as 
valid as if made on wax, or other adhesive substance." 

The United States have a B <il, denominated " The 
Great Seal." This is in the care and custody of the Secre- 
tary of State, and it is his duty to affix it to all civil com- 
missions* to officers of the United States, appointed by 
the President, by and with the advice and consent of the 
Senate, or by the President alone. 

But the law forbids it even to be so affixed to any com- 
mission, or other instrument, until the President has first 
signed it. Without his signature, the instrument has no 
validity. The seal is then affixed in proof of the genuine- 
ness of his signature. 

3. The Secretary of State, and all the other secretaries 
of the great departments, each have a seal of office which is 
affixed to commissions, and to other instruments emanat- 
ing from their respective offices. 

Several of the most important bureaus are required by 
law to have seals of office ; for example, the Land Office 
and the Patent Office. When the United States gives a 
patent (title) to land, it must be sealed by the Land Office 
seal. A Patent Risrht must be issued under the seal of 
the Patent Office. 

4. One of the most common, and important uses of seals, 
arises from the necessity people are often under to have 
copies of records, maps, and various other pa])ers, the 
originals of which are in some of the departments at 

* The word commission, here means a document or certificate, 
given to one who has received an office, in proof of his appoint- 
ment to, and his authority to discharge, the duties of that office. 



188 OUTLINES OF U. S. GOVERNMENT. 

Washington, to be used as evidence in courts, where trials 
and other legal proceedings are pending. In order to 
provide for this necessity, Congress has enacted, that 
copies of such records, maps, and papers, belonging to 
any of the government officers, — under the signature of 
the head of such officer, or of his chief clerk, — with the 
seal affixed, shall be as competent evidence in all cases, as 
their original would be. 

In chapter XC we have given a number of forms of 
seals. Over the name of each State we have placed 
the Great Seal of that State, or, as it is sometimes 
called, its Coat of Arms. These various devices are the 
mere conceptions of the artist, yet they are emblematic 
of some political sentiment, or of some characteristic 
of that State. 



BONDS. 189 



CHAPTER XLIV. 
Bonds. 

1. The vast sums of money annually collected from du- 
ties, from the sale of public lands, and from all other 
sources from which the revenue of the nation is raised ; 
and then the disbursement of the same, to the army, to 
the navy, to the civil officers, and to the various employ- 
ees of the Government, and to the different purposes for 
which the public money is appropriated ; requires a host 
of officials and agents to transact all this business. Hence 
the Government has collectors of Customs, collectors of 
Taxes, Postmasters, receivers of money for the sale of 
public lands, and so on ; all of whom are receivers of the 
public money. These pay it into the United States Treas- 
ury, from whence it is paid out directly to parties having 
claims against the Government, or to agents who disburse 
it to those to whom it is due. 

By the dishonesty of the officers and agents who receive, 
hold or disburse these funds, the Government would be 
the loser, and the people would be defrauded of their 
money. We say the people, because every man who 
cheats or defrauds the Government, cheats and defrauds 
every man, woman and child in the country. Hence the 
detestable character of public swindlers and defaulters. 

2. But to guard against this as far as possible, the law 



190 OUTLINES OF IT. S. GOVERNMENT. 

requires a man when he accepts of one of these offices, to 
take an oath, or make a solemn affirmation, promising 
faithfully to perform the duties of the office he enters upon. 
But even this does not always secure honesty. Some men 
will violate their oaths for money. A further remedy is 
resorted to, for further security against dishonesty. For 
this purpose laws have been made, requiring all officers 
and agents who receive, hold or disburse the public 
money, to give bonds with sufficient security for the faith- 
ful performance of their trust. These bonds hold the 
sureties as well as the officer, and are signed by one and 
sometimes two or three bondsmen, of sufficient means to 
insure the government against loss. It would be too 
tedious and uninteresting to enumerate all the Govern- 
ment officers who have to give bonds, before they can 
enter upon their duties. Therefore, we stated before, that 
the law requires all of this class to do so. We are not 
aware of any exceptions. 

These bonds are given for various amounts, which corres- 
pond with the amount of money to be received or held by 
the officers who execute them. 

3. The law prescribes the form of these bonds, which is 
as follows : — 

„ " Know all men by these presents, that we, , are 

held and firmly bound unto the United States of America, 
in the full and just sum of, dollars, money of the 

United States ; to which payment, well and truly to be 
made, we bind ourselves jointly and severally, our joint 
and several heirs, executors and administrators, firmly by 
these presents. Sealed with our seals, and dated this 
day of one thousand The condition 



BONDS. 191 

of the foregoing obligation is such, that, whereas the Pres- 
ident of the United States hath, pursuant to law, ap- 
pointed the said to the office of , in the State 
of . Xow therefore if the said has truly and 
faithfully executed and discharged, and shall continue 

ily and faithfully to execute and discharge all the duties 
of the said office, according to law ; then the above obliga- 
tion to be void and of none effect, otherwise it shall abide 
and remain in full force and virtue." 

4. These bond<, when signed by the office holder, or per- 
son bound to the Government, and by his surety, an.* held 
in the Treasury department as security for the faithful 

■rformanee of whatever the bounden parties have agrc 
to do. In case of any failure or defalcation, all the par- 
ties signing the bond are held responsible for the 
amount named in the bond ; and may be sued by the 
Government, and made to pay all damagi 3. 

But notwithstanding all these precautions and in spite 
of oaths and bonds, the Government is defrauded out of 
millions of money, by the very men whom it favors with 
posit ions of honor and emolument. Reader, should you 
ever hold a position under your Government, let not the 
sin of perjury blacken your soul, nor the crime of dishon- 
esty tarnish your character. " Honesty is the best policy.'* 
" An honest man is the noblest work of God/' 



192 OUTLINES OF U, S. GOVERNMENT, 



CHAPTER XLV. 
Oaths. 

1. An oath is an appeal to God, by him who makes it, 
that what he has said, or what he shall say, is the truth. 
It is the most solemn form under which one can assert or 
pronounce anything. To utter a falsehood while under 
oath is perjury, a crime of the darkest hue. One which 
God has declared he will punish, and one which is made 
infamous, and punishable by fine and imprisonment by the 
laws of the land. 

2. The Constitution (Art. 6, Sec. 3) requires that Sena- 
tors and Representatives, and members of the the several 
State Legislatures, and all executive and judicial officers, 
both of the United States, and of the several States, shall 
be bound by oath or affirmation to support the Constitu- 
tion. Then in the second article, section eight, the form 
of the oath required of the President before he enters upon 
his duties, is given in these words — 

" I do solemnly swear (or affirm) that I will faithfully 
execute the office of President of the United States, and 
will to the best of my ability preserve, protect and defend 
the Constitution of the United States." 

3 This is all the Constitution says about oaths; but it 
is enough to show that no man (unless he commit perjury) 
can accept office, either under the United States or any 



OATHS. 193 

State government, unless he in good faith will support the 
Constitution. 

But in the laws enacted by Congress, we find that not 
only official oaths are required ; but in a great variety of 
other cases, men who transact business with the govern- 
ment, are required to verify their accounts and statements 
with an oath. This is particularly the case with tin 
who do business with the Custom Houses; such as mer- 
chants, shipowners, and masters of vessels. Many oaths 
must be put in the form of affidavits ; that is, the oath 
must be written and signed by the deponent, that the 
statements made may be preserved. 

4. The form of official oaths varies according to the nature 
of the duties to be performed by the deponent. The oath 
must be taken before the officer enters upon his duti 
Should he neglect or refuse to do this, his acts would be 
illegal, and he would make himself liable to punish- 
ment. 

After the late civil war broke out, Congress, for the 
purpose of preventing those who had voluntarily taken 
part in the rebellion, from holding thereafter any office 
under the Government, passed an act requiring every one 
before he could accept any office, either in the civil, mili- 
tary, or naval departments, to take an oath in the follow- 
ing form — 

5. " I, A. B., do solemnly swear (or affirm) that I have 
never voluntarily borne arms against the United Stat 
since I have been a citizen thereof; that I have voluntarily 

given no aid, countenance, counsel or encouragement to 
persons engaged in armed hostility thereto; that I have 
neither sought, nor accepted, nor attempted to exercise 



194 OUTLINES OP U. S. GOVERNMENT. 

the functions of any office whatever, under any authority, 
or pretended authority, in hostility to the United States ; 
that I have not yielded a voluntary support to any pre : 
tended government, authority, power or constitution, 
within the United States, hostile or inimical thereto. And 
I do further swear (or affirm) that to the best of my knowlr 
edge and ability, I will support and defend the Constitu? 
tion of the United States, against all enemies, foreign and 
domestic ; that I will bear true faith and allegiance to th^ 
same ; that I take this obligation freely, without any men- 
tal reservation or purpose of evasion, and that I will well 
and faithfully discharge the duties of the office on which I 
am about to enter. So help me God." 

So strong and comprehensive an oath as this, was never 
before required from any officer of the Government, It 
answers the requirements of the Constitution, and substan- 
tially comprehends all contained in any other forms here- 
tofore used. It is at once an oath of allegiance, an oath 
of support of the Constitution, and an oath to discharge 
faithfully the duties of the office taken. This goes by the 
name of the Test oath, and frequently " The Ironclad 
Oath." 

6. The object of binding all officers of the general and 
State governments, by oath, is to place them under the 
most solemn obligation to be faithful and honest in the 
discharge of their duties. They cannot be otherwise, 
without committing one of the most flagitious crimes. And 
yet, lamentable to say, men have accepted office under 
these most solemn obligations, and have afterwards utterly 
disregarded them, and have been unfaithful in every re- 
spect, both in the support of the Constitution and in the 



OATHS. 195 

discharge of their official duties. For this cause, although 
we have an excellent form of government, perhaps the 
best in the world, yet in its administration a great deal 
that is wrong and corrupt is found ; and fears have been 
entertained that it would be broken down and destroyed, 
by the corruption of those who administer it. Good men 
should alwavs be chosen to make and administer the laws 
in any country, and under any form of government. 



196 OUTLINES OP U. S. GOVERNMENT. 



CHAPTER XLVL 
Revenue. 

1. The revenue of any government, is its income, or 
money raised from any source whatever to defray the ex- 
penses incurred in its administration. These expenses are 
always heavy, are counted by millions, and the subjects or 
citizens of the government, must pay them in some way ; 
either by duties on imported goods, by direct taxation on 
property, by payments for certain rights and privileges 
conferred by the government, &c, &c. Different govern- 
ments resort to different methods to raise their revenue. 

2. The United States have always raised the greater 
part of it by duties on imported goods. These have 
sometimes been found sufficient to defray all expenses ; 
and at other times insufficient, depending on the circum- 
stances of a high or low tariff, or on ordinary, or extraor- 
dinary expenses of Government. In times of war all these 
resources put together have been insufficient, and it has 
become necessary to borrow money to sustain it. War 
expenses have been the source of most of the national 
debts in all countries. 

3. At the close of the late civil war between the North 
and South, the national debt amounted to nearly 3,000,- 
000,000 of dollars ; and this in addition to the vast amounts 

t 

paid during the existence of the war. This created the 



REVENUE. 197 

necessity for increasing the revenue of the country, and 
the Government had to resort to direct taxation, in addi- 
tion to all its ordinary resources, and to all the money it 
borrowed, to sustain the expenses of the war. And now 
after it is over, the taxes are continued for the purpose 
of paying its enormous public debt. This furnishes us 
with a forcible example of one of the great evils of war. 

4. The proceeds of sales of the public lands have been 
another source of revenue to the United States, which few 
other governments possess ; because their territory is not 
as extensive as ours, and they have but little, if any pub- 
lic lands to dispose of. The empires of Russia and Brazil 
may be exceptions to this general fact. 

5. Duties collected on imported goods, the sale of public 
lands, the income of the post office department, and direct 
taxation, (when resorted to) are the principal sources from 
which the revenues of thi United States are raised. There 
are comparatively small amounts, however, raised from 
other sources; such as the duties paid upon the tonnag 
of vessels, forfeitures of goods, smuggled or attempted to 1 
smuggled into the country; forfeiture of vessels engaged 
in the smuggling business, prizes taken in time of Avar ; 
fees paid for licences granted ; and for services rendered 
by certain government officials, &c. But all these put 
together, are insignificant in amount, compared with the 
first named. 

6. The revenues of any government afford a tolerably 
correct indication of its wealth, population and power. 
Small and weak ones have small revenues. Wealthy, 
populous and strong ones, have large revenues. 



198 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER XLVII. 

Internal Revenue. « 

1. In our chapter on Revenue, we observed that direct 
taxation was one of the means to which the government 
had to resort, when the proceeds from import duties and 
ordinary sources failed to meet its expenses. 

The late civil war caused an emergency of this kind. 
All former wars in which the United States had been en- 
gaged did not require one-quarter of the money for their 
prosecution that this did ; and of course the ordinary rev- 
enues of the government were entirely insufficient to de- 
fray its expense. This state of things became apparent 
soon after the war commenced. To meet it, Congress, as 
early as 1861 [the war broke out in April of this year], 
passed an act called " The Internal Revenue Law," by the 
provisions of which, twenty millions of dollars were to be 
raised annually by direct taxes upon houses and la?ids f in 
each of the States and Territories in the United States. 

2. By subsequent acts, not only houses and lands were 
taxed, but almost every sort of property and business. 
Licenses were required for persons to carry on their 
profession, trade or business ; incomes were taxed ; 
deeds, mortgages, notes, bonds, bank checks, and papers 
of almost every kind were invalid unless they had a reve- 
nue stamp upon them. Manufacturers had to pay such a 



INTERNAL REVENUE. 199 

percentage on whatever they made. Scarcely any calling, 
trade, profession, business or thing escaped it, directly or 
indirectly. 

So thorough a taxation the people never experienced 
before ; and it is to be hoped they never will again. 
This is one of the fruits of war. But what makes this 
doubly aggravating, is that this was a civil war. The 
people have this enormous load of taxation to carry, to 
pay for killing each other. When will men learn war no 
more ? When will men cease to be wicked and 
foolish ? 

3. To carry out the objects and provisions of this bill, 
it became necessary, in the first place, to divide every 
State and Territory into collection districts, entirely dif. 
ferent, however, from the collection districts for the collec- 
tion of the custom duties. These, as stated in another 
place, are located along the sea-coast, and on the shores of 
gulfs, bays and sounds, or on the shores of such navigable 
lakes and rivers as are accessible to vessels from some 
foreign country ; whereas, the collection districts for the 
collection of the Internal Revenue are necessarily located 
in every part of each State and Territory, as much inland 
as along the coast. As far as practicable, they are made, 
both in number and territory, identical with the Congres- 
sional districts. 

4. This law also made it necessary to create a host of 
new officers to execute its provisions. In the first place, 
an officer is appointed in the Treasury Department, and 
denominated the " Commissioner of Internal Revenue." 
He is, like all officers of his grade, appointed by the Presi- 
dent and Senate, and receives a salary of four thousand 



200 OUTLINES OF U. S. GOVERNMENT. 

dollars per annum. He is charged with the duty [under 
the direction of the Secretary of the Treasury] of prepar- 
ing all the instructions, forms, blanks, stamps and licences 
to be used throughout the country, by all officers and 
agents employed in the collection of these taxes, and to 
see to the execution of the law relating thereto. 

5. Then comes an Assessor, and a Collector, each with 
a deputy or deputies, if need be, for every district. One 
to assess the value of all property liable to taxation, and 
the other to collect and receive the monies so assessed. 
The Collectors pay the monies so received into the Treas- 
ury at Washington, or into such banks or other places as 
may be directed by the Secretary of the Treasury. 

The money to be thus raised is apportioned to each 
State and Territory in proportion to their representation 
in Congress ; and a separate account of this tax is kept in 
the Treasury Department with each State and Terri- 
tory. 

6. Much more might be said about other subordinate 
officers and agents employed by the government for the 
pupose of carrying out the provisions of the Revenue 
laws ; and much more might be said about many of its 
details ; for it contains an unusual number of provisions, 
in no less than three hundred and twenty-nine sections. 
But many of these have already been changed by subse- 
quent acts, and w r ill probably be modified by every Con- 
gress that may meet, until the whole law shall become 
unnecessary by the paying off of the w T hole national debt, 
or such a reduction of it as will enable the Government to 
dispense with this extraordinary means of meeting its ob- 
ligations. The very frequent modifications of all tax laws 



INTERNAL REVENUE. 201 

renders it quite unnecessary to dwell with much minute- 
ness on their provisions in detail. 

I hope this outline of the objects of the law, and the ac- 
count given of the principal officers engaged in carrying 
it into effect will satisfy the general reader. 



202 OUTLINES OF U. S GOVERNMENT, 



CHAPTER XLVIII. 
Custom Houses and Custom House Officers. 

1. Custom Houses are Government offices, generally lo- 
cated in seaport cities and towns, for the purpose of col- 
lecting the duties charged upon imported goods. Nearly- 
all goods brought from foreign countries into the United 
States, are brought by ships and other vessels by sea. 
Hence, seaports are the proper localities for Custom 
Houses. Ports where they are established, are called ports 
of entry. Here, vessels from foreign ports are allowed to 
enter, and here the duties on foreign goods are collected 
by Custom House officers appointed for that purpose. 

The principal of these officials is called a Collector of 
Customs. He is appointed by the President and Senate, 
and holds his office during the pleasure of the President. 
This office is one of great responsibility ; for the Collectors 
of Customs receive and pay over into the United States 
Treasury by far the greater part of the revenues of the 
country ; that is, under ordinary circumstances. But 
under the present extraordinary exigencies of the nation, 
which grew out of the late civil war, the Government has 
been obliged to resort to direct taxation to sustain its ex- 
penses : and a larger amount has been raised by this 
means than by duties on imports. 

2. A Collector of Customs is therefore required to give 



CUSTOM HOUSE OFFICERS. 203 

heavy bonds for the faithful performance of his duties. 
He must give his bonds, and take his official oath be- 
fore entering upon his duties, which are numerous and 
various. He has the power, also, with the approbation of 
the Secretary of the Treasury, to appoint the subordinate 
Custom House officers, such as weighers, measurers, 
gaugers, inspectors, watchmen, store keepers, &c. These 
he nominates, and the Secretary of the Treasury confirms 
or rejects them. 

HIS DUTIES. 

3, These duties require him to collect all duties which 
Congress has imposed on every kind of imported goods 
brought into the port or ports of which he is the collector. 
In order to do this he requires a deputy, and in large 
ports several of them, whom he appoints, together with as 
many of the above named subordinates as the business 
done at the port requires. He must receive all reports, 
manifests, and documents to be exhibited on the entry of 
any ship or vessel, whether domestic or foreign ; and all 
accounts of all the goods they have on board. He must 
estimate the duties to be paid thereon, receive the monies 
paid therefor, and take all bonds for securing the payment 
thereof, and grant all permits for landing the goods. 
Once in three months* he must transmit all monies col- 
lected by him to the Treasury department at Washington, 
together with full and accurate accounts of all his trans- 
actions relating to the collection of duties at the port of 
which he is collector. 

4. He must examine the manifests, not only of all ships 
and vessels with their cargoes which arrive within the 
port or district for which he is collector, but also those of 



204 OUTLINES OP U. S. GOVERNMENT. 

all vessels which depart from thence to foreign countries. 
In this way the Government obtains a knowledge of the 
amount and value of the whole exports and imports of the 
country. He must also give clearances to all vessels when 
they sail from his port for foreign ports or countries. No 
vessel can lawfully depart without such clearance. 

* 

5. The manifests and clearances of ships and vessels are 
so often spoken of in the laws relating to commerce, navi- 
gation and the revenue, that it may be interesting and 
useful to those not familiar with these matters, to give 
the form of an American manifest and clearance. These 
are among the most important of a ship's papers. 

a ship's clearance. 

6. This document is couched in the following terms : — 

" District of ss., Port of , ss. 

" These are to certify, to all whom it may concern, that 
A. B. master or commander of the ship (brig, barque, 
schooner), burthen tons or thereabouts, mounted 

with guns, navigated with men, built, 

and bound for , having on board , hath here en- 

tered and cleared his said vessel according to law. 

" Given under our hands and seals, at the Custom House 
of , this day of • , one thousand 

, and in the year of the Independence 

of the United States of America." 

This is signed by the Collector, and by the naval officer 
of the port, when the commander is prepared to depart 
with his vessel to his destined pork 



CUSTOM HOUSE OFFICERS. 205 



a ship's manifest. 



This is a document of very different character. Its prin- 
cipal object is to show of what her cargo consists, in 
quantity, kind and value. The form of a manifest is as 
follows — 

" Report and manifest of the cargo laden on board of 
the , whereof is master, which cargo was 

taken on board at the port or ports of , burthen 

tons, built at , in the State of , and owned by 

, merchants at , and bound for ." 

This, together with a particular description of the marks 
and numbers of every bale, box, case, barrel, bundle or par- 
cel on board of the vessel, is the manifest. It must be 
given to the collector of whatever port the vessel arrives 
at ; and the master of her must swear that it is in all re- 
spects a true and accurate account of all the cargo on 
board, to the best of his knowledge and belief. 

8. The Collector of the port can then compute the du- 
ties to be paid upon each article, and when these are paid, 
or secured to be paid, he gives permits to land the cargo, 
and to deliver the goods to their respective owners. Then 
come in the duties of Weighers, Gangers, Measurers and 
Inspectors of the Customs, after permits are obtained to 
land the goods. If they are such as require to be weighed, 
gauged, or measured, these officers are sent to do it ; and 
the Inspector must allow nothing to leave the ship until 
he has examined the marks and numbers, to see if they 
correspond with the permit and the manifest. If he suspects 
that there is an attempt to defraud the Government, by 
false names and marks, he is authorized to open the pack- 



206 OUTLINES OP U. S. GOVERNMENT. 

age, box, case, cask, or whatever contains the goods, and 
to examine them. In this way smuggling is prevented, 
and the revenues arising from duties on imported goods 
secured. 

9. The compensation of Collectors of Customs varies 
from a few hundreds to many thousands of dollars per 
year. It depends upon the amount of business done at the 
port. At New York, Boston, Philadelphia, New Orleans, 
Baltimore and San Francisco, the compensation is enor- 
mous, and should be reduced ; for, in addition to their 
salaries and fees for services rendered, they receive a part 
of the forfeitures of goods smuggled or attempted to be 
smuggled into the country. 

SURVEYORS. 

10 Next to the Collector in rank and authority among 
Custom House officers is the Surveyor of the Port. He 
aids the Collector in collecting the revenue ; but his duties 
are of a different character. He is appointed in the same 
, manner as the Collector, and for four years ; but may be 
removed by the President at his pleasure. His compensa- 
tion, like that of the Collector, depends on the amount of 
business at the port. 

His DUTIES. 

11. He must superintend and direct all Inspectors, 
Weighers, Measurers, and Gaugers, within his port, and 
must visit all vessels arriving therein, and report th«, same 
to the C ollector, with a description of each, of her nation- 
ality, cargo, &c, &c. It is also his duty to examine all 
goods entered for the benefit of drawback. 



CUSTOM IIOUSE OFFICERS. 207 

THE NAVAL OFFICER. 

12. The Naval Officer is another of the principal Cus- 
tom House officers employed in the collection of the reve- 
nue. He is appointed in the same way as is the Collector 
and the Surveyor, and is removable in the same manner. 
His compensation, also, is dependent on the same circum- 
stances. His duties, to some extent, are the same as the 
Collector's, and serve as a check, or a sort of re examina- 
tion of his work for the sake of accuracy and correctness. 
Hence it is his duty to receive copies of all manifests and 
entries, and to compute the duties on all goods subject to 
pay duties. He must keep a separate record thereof. He 
must countersign all porrnits, clearances, certificates, de- 
bentures, and other documents to be granted by the Col- 
lector. He must also examine the Collector's computation 
of duties, and his receipts, bonds, and expenditures, and 
certify their correctness, if found right. 

COMMISSIONER OF CUSTOMS. 

13. In the year 1849 a new bureau was created by act 
of Congress in the Treasury Department, the head of 
which is styled " the Commissioner of Customs." This 
was done to increase the operative power of the depart- 
ment, and to relieve the First Comptroller of the Treasury, 
whose duties had become too onerous to be efficiently per- 
formed by one man. By the act in question, all the du- 
ties and powers of the Fiist Comptroller of the Treasury, 
so far as they related to receipts from customs, a;id to the 
accounts of collectors and other officers of customs, were 
transferred to the new Commissioner and bureau under 



208 OUTLINES OF U. S. GOVERNMENT. 

his supervision. Hence it became his duty to examine 
and adjust all accounts with Custom House officers to 
prepare forms of all papers to be used in the collection of 
the revenue from customs, and to direct the form and 
manner of keeping accounts of the same ; to bring suits for 
the recovery of all debts due from revenue officers, and tQ 
report to Congress any default or neglect of duty on their 
part. This affords another example of the manner in which 
Congress is made acquainted with the conduct of Govern- 
ment officials, and the state of things in every department 
and bureau. The Commissioner of Customs is appointed 
by the President and Senate, holds his office for the same 
time, and receives the same compensation as the First 
Comptroller of the Treasury. 



THE TUBLIC LANDS. 209 



CHAPTER XLIX. 
The Public Lands. 

1. Tile whole area of land lying within the boundaries 
of the United States, is, according to published official 
statements 3,002,013 square miles, or 1,921,288,320 acres. 
Before the establishment of the present Government, and 
during our colonial condition, much of this land had been 
sold and otherwise disposed of by the English Govern, 
ment, and had become the property of individuals. 
Their possessions were not disturbed by the United States, 
or by any of the State Governments after the Revolution, 
which changed the whole country from the possession of 
the English, to that of the American Government ; with the 
exception of that which belonged to those who were ene- 
mies to the United States, during the Revolution. This 
was confiscated and fell back into the possession of the 
United States, or of the States in which it laid. 

2. But all which had not been disposed of became the 
property of the Government, excepting such portions as 
belonged to the Indians,— the original owners of the 
whole of America. Thus the Government became a great 
land-holder from its very outset. From this, and from 
what follows, it will be seen that it has been one of the 
greatest land dealers in the world ; for in addition to that 



210 OUTLINES OF U. S. GOVERNMENT. 

here spoken of it has purchased immense tracts from which 
many of the present States and Territories were formed. 
The Louisiana purchase, as it has always been termed, 
was made of France in 1803. Out of it the States of 
Louisiana, Arkansas and Missouri were formed. The 
sum of $15,000,000 was paid for it. Then in the year 
1819, the United States by treaty purchased Florida of 
Spain. In 1836, Texas seceded from Mexico, and after a 
War with her gained her independence, and in 1845 asked 
to be admitted as one of the United States. This propo- 
sition was accepted, and she was admitted accordingly. 
All her public lands came into the possession of our Gov- 
ernment. 

3. Subsequently to this, and after the late war with 
Mexico, we purchased of her all the northern part of that 
country, embracing California, New Mexico and other ex- 
tensive regions. This again added several hundred thou- 
sand square miles to our public domain. 

To all these must be added the immense tracts bought 
of the Indians. And to all of which must be added the 
great purchase made early in the year 1867, from Russia, 
of all her possessions in North America, for $7,000,000 in 
gold. This increases our public domain, by between three 
and four hundred thousand square miles. 

4. But the Government does not want all this land. It 
has no use for more than a few acres in certain locations 
for the sites of public buildings, and of military works. 

The object therefore is to sell it to those who want it 
for farms and other purposes, that it may furnish homes 
for the people, be made productive, and thus added to the 
wealth of the nation. To accomplish this a General Land 

■ 



THE PUBLIC LANDS. 211 

Office was established by act of Congress, in 1812, at 
Washington. This office was at first attached to, or was 
a Bureau of the Treasury department, hut in 1840 it was 
attached to the department of the Interior. The head of 
this office is called 

COMMISSIONER OF THE GENERAL LAXD OFFICE. 

5. He is appointed by the President and Senate, must 
take the usual official oath, before entering on his duties, 
and must give the usual official bond. He keeps the seal 
of his office, and fixes an impression of it upon all papers 
emanating from the land office. He, with his clerks and 
assistants from the Bureau, keep all the records and pa- 
pers pertaining to the public lands, and perform all duties 
relating thereto. He receives reports from surveyors, 
and from the district land officers, gives them their in- 
structions, and reports to the President, and to Congress 
when required to do so. 

He issues all patents for lands granted by the United 
States, and sends and receives by mail all papers and 
documents relating to his official business under the frank- 
ing privilege. Every patent for land is issued in the name 
of the United States, is signed by the President and by 
the Commissioner of the Land Office, and is then recorded 
in books kept for that purpose. 

SURVEYORS GENERAL AND DEPUTY SURVEYORS. 

6. When it is deemed necessary and expedient to bring 
the lands in any particular State or section of the country 
into market, a surveyor general is appointed for that 



212 OUTLINES OF U. S. GOVERNMENT. 

State or section, and also a sufficient number of deputy or 
assistant surveyors to perform the work ; which is done 
under the direction of the surveyor general, who is him- 
self directed by law as to the manner of procedure. He 
is appointed for four years, taking the usual oath, and 
gives bonds for the faithful performance of his duties. 

MODE OF SURVEYING THE PUBLIC LANDS. 

7. The law directs how the lands shall be surveyed and 
mapped. Where it is practicable, they are laid out into 
square miles, each of which contains 640 acres, and is 
called a section. 

These sections are then sub-divided into halves, quar- 
ters, and eighths of sections; that is, into lots of 320, 160 
and 80 acres. The boundary lines are all run north and 
south, and east and west. 36 of these sections, which 
make a plat of 6 miles square, are put into a township. 
These townships are designated by numbers, but when in- 
habited are named by the inhabitants as their fancy dic- 
tates. 

SALE OF THE PUBLIC LANDS. 

8. After the lands have been surveyed and properly 
mapped into townships and sections, they are brought 
into market, and offered for sale, in such quantities as are 
wanted by the purchaser ; from 40 acres, — one sixteenth 
of a section, — up to a whole section ; or as many sections 
as the buyer pleases to take. 

DISTRICT LAND OFFICES. 

9. District land offices for the sale of lands are estab- 




THE PUBLIC LANDS. 213 

lished for this purpose at as many places in the State or 
Territory where the lands are situated, as is deemed ne- 
cessary, for the convenience of purchasers. Here are kept 
maps of all the lands lying in the district, and buyers may 
make their selections both of quantity and location as 
suits them. Here they will find 

A REGISTER OF THE LAND OFFICE, AND A RECEIVER OF 

PUBLIC MONIES FOR LANDS. 

10. The first named officer will register the application 
made for land in a book kept for that purpose, and the 
second will receive the money paid for it. These officers 
are appointed by the President and Senate, and report 
their proceedings to the General Land office at Washing- 
ton. The receiver transmits all monies received bv him, 
to the United States Treasury, once in a month or once in 
three months, as directed. 

SCHOOL LANDS. 

11. As before stated, the public lands are surveyed into 
sections of one mile square, and 36 of these sections make 
a township. For the purpose of encouraging education, 
Congress has enacted that section number 16 in every 
township, shall not be sold, but reserved for the township, 
to be applied to the support of common schools in that 
town. By this measure, the Government appropriated 
one thirty-sixth part of its lands to aid the work of edu- 
cating the children in the new States. And in addition to 
this, it has made other munificent donations of land for 
the establishment and support of colleges and other insti- 
tutions of learning. 



214 OUTLINES OF U. S. GOVERNMENT. 

12. In addition to all this the United States have do- 
nated large tracts of land to the several States in which 
it lay, to aid them in building their State houses, &c. 
Large quantities of land have also been given to aid the 
construction of railroads. 

HOMESTEADS. 

13. The Government has always sold its lands at a very 
low price, preferring to give the people cheap farms, 
rather than to raise more revenue from this source. 

But in 1862, Congress passed an act called " the Home- 
stead Law," the object of which was to cheapen the pub- 
lie lands, to a mere nominal price, to heads of families, 
male or female, or to persons 21 years of age or over, or 
to persons who had served in the army or navy of the 
United States, whether 21 years old or not. By the pros 
visions of this act, such persons are allowed, for the trifling 
sums often dollars, to enter upon and claim 160 acres of 
land, provided the claimant swears that the land is applied 
for, for his or her own use, and for settlement and cultiva- 
tion. But no patent (deed) is to be given, until the ap- 
plicant has actually settled upon, and cultivated the land, 
for the space of five years. Such applicant must also make 
affidavit that he has never borne arms against the United 
States. 

By this liberal policy, persons of very limited means 
may provide themselves with comfortable homes for life ; 
and the unoccupied lands will be settled and occupied fast- 
er than if the old price of one dollar and twentj^-five cents 
per acre had been demanded. The revenue from the sale 









THE PUBLIC LANDS. 215 

of lands will of course be less, but the wealth of the coun- 
try will undoubtedly be increased by the measure. 

MINERAL LANDS. 

14. Exceedingly rich and valuable mines of Gold, 
Silver, Copper, Lead, and other minerals have been 
found upon the public lands. That the benefits of min- 
ing them might be extended to the many instead of 
being monopolized by a few, a different rule for selling 
them has been made. After they have been surveyed, 
mapped and described, they, like other lands are 
offered for sale, but in quantities of not more than 40 
acres. These are generally sold at auction, but no bid 
less than five dollars per acre will be received. If not 
Bold at public sale, they are then subject to private sale 
at that price. 

REVENUE FROM LANDS. 

15. Any one can easily comprehend what almost bound- 
less wealth there is in these public lands ; and although 
the Government has not realized as much revenue from 
them as it might have done, had it held them at higher 
prices, yet to the purchasers — the people — they are 
worth ten times more than the Government received 
for them. Yet notwithstanding the low prices, they have 
yielded and will long continue to yield, a considerable 
part of the revenues of the country. 

LEGISLATION RELATIVE TO THE PUBLIC LANDS. 

16. This vast estate which the people of the United 



216 



OUTLINES OF U. S. GOVERNMENT, 



States own in their public lands, is constantly changing 
its character from that of public to that of private 
property ; for the Government is disposing of more or 
less of it every year to individuals. By this process the 
public domain is diminishing, but private property is as 
constantly increasing. The land only changes owners 
and is converted from an unproductive to a productive 
state, and this augments the wealth of the nation. 

17. It is easy to understand that it has required a 
great amount of care, labor and legislation to manage 
and take care of so great an estate. Surveys, maps and 
records of it, must be made and preserved at Washing- 
ton ; and Congress has found it necessary at almost, if 
not at every session, to pass acts in relation to it. All 
the laws enacted relative to the public lands would, if 
collected into one book, make a ponderous volume. 



BOUNTY LAND AND LAND WARRANTS. 217 



CHAPTER L. 
Bounty Land and Land Warrants. 

1. Bounty lands are lands given by the Government to 
the officers and men who have served their country, 
either in the army or navy. Everybody knows that the 
pay of soldiers in the army, and seamen in the navy, is 
small. For this reason our government has donated a 
certain quantity of land to each officer and private, as a 
further compensation for their services. The quantity 
given was made to depend on the length of time spent in 
the service. Those who engaged to serve a year, and 
actually served nine months, receive 160 acres. Those 
who engaged to serve six months, and actually served 
four months, received 80 acres : and those who served one 
month received 40 acres. No distinction was made be- 
tween officers and privates, because officers receive higher 
wages than privates. 

2. The United States own such vast quantities of land 
that they could in this way compensate the soldiers better, 
-~-with a less burden of taxation upon the people, — than 
other nations. Immense quantities of the pubiic lands 
have been disposed of in this way, and many a soldier has 
thus been furnished with a home, and with a competence 
for life. In case of his death in battle, or before he re- 



218 



OUTLINES OF U. S. GOVERNMENT. 



ceived his land, it was given to his widow or children, if 
he had any. 

Every one entitled to land, for military or naval servi-s 
ces, receives from the Department of the Interior a certifi- 
cate, or Land Warranty as it is more specifically termed, 
and this entitles him to go anywhere upon the public 
lands which have been surveyed and brought into market, 
and not otherwise disposed of, — and select the quantity 
named in his warrant, which is often denominated a mili- 
tary Land Warrant. Upon the return of this certificate 
or warrant to the land office, with proof of the location of 
the land, the government gives the owner a patent, or 
government deed of it, which is the best title to land that 
a man can have. 

3. Land warrants are often bought and sold like stocks, 
for whoever lawfully holds the warrant, whether for ser- 
vices or by purchase, is entitled to the land. 

So careful has the government been to secure the bene- 
fits of this provision to those who have served their coun- 
try in time of war, that it does not allow land granted for 
military services, to be sold for the debts of the warrantee 
before he has received his patent. 






DUTIES AND TARIFFS. 219 



CHAPTER LI. 

Duties and Tariffs. 

1. Few, if any, questions or subjects ever came before 
the National Legislature, which have required more 
legislation, caused more debate, or brought out a greater 
diversity of opinion, than those relating to duties and 
tariffs. 

Duties are the taxes which the Government imposes 
upon goods imported from foreign countries into our 
own. This is not peculiar to our government, for all 
others do the same thing. 

In ours, two different objects have been sought by the 
imposition of duties, botli of which are clearly stated 
in the preamble to the first act ever passed l>y Con- 
gress (July 4th, 17S9), on this subject. They are in 
these words — " Whereas it is necessary for the support 
of government^ for the discharge of the debts of the 
United States, and the encouragement (end protection of 
manufactures, that duties be laid on goods, wares and 
merchandise imported." 

First, the support of government. 

Second, protection to our own manufactures. 

2. A government is an expensive institution, and 
requires a great deal of money to carry it on. This 
must be had from some source. To raise it by the im- 



220 OUTLINES OP U. S. GOVERNMENT. 

position of taxes, or duties on merchandise imported 
from foreign countries, has been considered the cheapest 
mode of collecting it, and the least burdensome upon 
the people. Hence by far the greatest part of the 
revenue of the United States has been raised in this 
way. — Then comes the second object ; which is to raise 
the price of imported articles by just as much as the 
duty on them amounts to; thus enabling our own 
manufacturers to compete with those of foreign coun- 
tries. It has been thought to be a good policy to make 
our own goods as far as we can, and thus to render 
ourselves more independent of foreign countries. But 
on this question there has been two opinions, which 
have been so strong as to form the principal difference 
between different political parties ; one contending that 
the Tariff (rate of duties) should be so low, that only 
money enough should be raised from duties to support 
the Government ; or, in other words, that the duties on 
imports should be so graduated as to bring the greatest 
amount into the Treasury of the United States, without 
regard to the question of protection to home manufac- 
tures ; or, that the incidental protection that a low 
tariff would give was sufficient. 

3. On the other side, it is contended that our best 
policy is, and that our economical interests would be 
best promoted by, imposing so high a duty on imported 
goods, as to prevent to some extent their importation, 
and thus to build up American manufactures Much 
has been said, and much has been written on both sides 
of this question, both in and out of Congress, and the 
policy of the Government is unsettled to this day, and 






DUTIES AND TARIFFS. 221 

hence the great amount of legislation on this subject. 
Sometimes the high tariff party, having a majority in 
Congress would pass an act, fixing a high rate of duties ; 
and when the low tariff party gained the ascendency, 
they would change the tariff and fix the duties at a 
lower rate. For the last thirty years the Government 
has been vibrating between these two systems, very 
much to the detriment of our prosperity, and the 
question still remains unsettled, and will probably be 
submitted to as many changes in the future as it has 
been in the past. 

4. The collection of duties on imports, is a very large 
branch of the business of the Government, requiring a 
great many Custom Houses and Custom House officers. 
There are probably two hundred of the former, in all 
the States ; yet most of the revenue is collected at a few 
of the largest seaport cities, such as New York, Phila- 
delphia, Boston, Baltimore, New Orleans and San 
Francisco. Every seaport w T here vessels from foreign 
countries are allowed to come in and discharge their 
cargoes, and pay the duties thereon, is called a port of 
Entry. After the vessel has been reported to the Col- 
lector of the port, and her duties paid, or secured to be 
paid, and the owners of the goods desire them delivered 
at some other place, where there is no Custom House, 
that privilege is granted, and the place where the goods 
are finally discharged is called a " port of delivery." 

5. Among the powers which the Constitution confers 
upon Congress, is that of laying duties on goods im- 
ported. Congress alone has this power. No State can 



222 OUTLINES OF U. S. GOVERNMENT. 

4 

exercise it. It also declares that all duties shall be equal 
in all the States. 

Not only has the tariff (which means the rate of duties 
charged) been a source of much debate and legislation, 
but also the mode of imposing these taxes. Two modes 
have been advocated. Sometimes one and sometimes 
another has been adopted and practiced. The system of 
ad valorem duties is one, and that of specific duties is the 
other. Ad valorem duties are laid upon the cost of the 
article in the country whence it was brought. Hence 
when goods were low, the duties would be correspond- 
ingly low, and vice versa when high. But this plan has 
been subject to great objections, for importers have been 
often known to have false invoices made out, wherein 
their goods w r ere marked much below their real cost, and 
by this means the Government is defrauded and honest 
dealers injured. To avoid this the other mode has been 
resorted to, viz : 

" Specific duties," in which case the tax is laid upon the 
article itself — that is, the duty is so much per pound, 
yardj gallon, &c.., without regard to what was the price 
originally paid for it. 

6. There are a great number of imported articles, upon 
which there is no duty. These are called free goods. 
But the laws are so often changed that what are free 
goods now may be taxed at the next session of Congress , 
and goods paying duties this year may be put on the free 
list next. 

DRAWBACKS. 

7. When the duties on foreign goods have been paid, and 
they are afterwards exported, the duties which have been 
paid are refunded to their owner. The money thus paid 



•x 



DUTIES AND TARIFFS. 223 

back is called a drawback. All imported goods are enti 
tied to drawback, whenever they are taken out of the 
United States. 

8. In this connection, we see no impropriety in noticing 
another tiling, though of an exactly opposite charactei to 
duties ; and that is, — 

BOUNTIES ON EXPORTED GOODS. 

These take money out of instead of putting it in the treasury 
yet the Government in a few cases has allowed boun- 
ties upon exported articles. Fish taken by American ves- 
sels, refined sugar, and distilled spirits, made from im- 
ported sugar and molasses, are examples. This was done 
to encourage domestic industry and enterprise. 



1^4 OUTLINES OP U. S. GOVERNMENT. 



CHAPTER LIL 
Tonnage; 

In the last chapter we treated of duties and tariffs, but 
only as they related to imported goods. In this we will 
speak of another kind of duties, differing very materially 
from the first. The first kind is imposed only upon for- 
eign productions, but the latter upon home-made as well 
as foreign ; and this is the duty which the Government 
lays upon the tonnage of ships and other vessels. 

Tonnage is the capacity of a ship or any other vessel, 
for carrying weight, which is always reckoned by the ton ; 
and is ascertained by measuring the length, breadth and 
depth of the vessel. This has been deemed a proper sub- 
ject of taxation, for the purpose of adding to the revenue 
of the country. 

At a very early period (1790), in our history these du- 
ties were imposed, both on our own, and on foreign ves- 
sels ; though heavier duties are laid on foreign, than upon 
American vessels. In the first act passed on this subject, 
in 1790, this duty on our own, was only six cents per ton, 
while that on foreign bottoms was fifty cents. 

Congress alone has the power to impose these duties. 
No State can do it. In 1862, such were the wants of the 
treasury, that the tonnage duties both on American and 
foreign vessels were increased ten cents per ton. This 
tax is collected only once in a year, by the collector of the 
port, where the vessel happens to be, 



REVENUE CUTTERS. 2 2 -J 



CHAPTER LIII. 
Revenue Cutters. 

1. Revenue Cutters, are small sized vesseiS oe.ongin^ to 
the Government, and arc used for the purpose of aiding 
revenue officers in the collection of duties on imported 
goods; or, in other words, to prevent smuggling. These 
vessels are built and used exclusively fur this purpose, and 
are not reckoned as any part of the navy, though officered 
and manned much in the same manner. The commissioned 
officers are appointed by the President and Senate. 

The duties assigned to revenue cutters, are to sail along 
the coast and look after ships and other vessels, going into 
any of the ports of the United States; to board them, and 
examine their papers, that is, if going into an American 
port, and within four leagues of the coast ; to examine the 
manifests of the cargo, and every part of the vessel ; to 
put proper fastenings upon the hatches and other commu- 
nications with the hold ; and to place a man or men on 
board who must remain with her until her arrival into port ; 
when she is delivered over to the charge of the proper 
Custom House officer. 

2. The officers of revenue cutters are deemed officers of 
the customs, and hence are subject to the orders of the 
Secretary of the Treasury, and the collectors and other } 
revenue officers, at the ports where employed. But if so 



226 OUTLINES OF IT. S. GOVERNMENT. 

directed by the President, in an emergency they may co- 
operate with the navy ; and in such cases if the officers or 
men are wounded in the discharge of their duties their 
names may be placed on the navy pension list, and they 
will be entitled to the same rate of pensions as other 
officers and seamen of the United States navy. 

3. Revenue Cutters are distinguished from other vessels 
by the pendant and ensign they carry. These have such 
marks upon them as the President shall direct ; and in 
case any ship or other vessel liable to seizure, shall not 
bring to, upon request of the commanding officer of the 
cutter, he is authorized to fire into such vessel, after ex- 
hibiting his pendant and ensign, in order to compel her 
to obey his orders, and allow herself to be boarded and 
examined. This he may do without incurring responsi- 
bility for life or property, that may be destroyed by the 
act. 

4. One of the objects designed to be accomplished by 
the use of revenue cutters, and the duties assigned to 
them, is, to prevent vessels from running goods ashore 
after having neared the coast ; and thus to escape pay- 
ment of the duties. This could be done in the night or in 
foggy weather, without detection, but for the vigilance of 
these vessels, which are well armed and well manned. 
Formerly they were all sailing vessels, but steamers are 
now used also. 

5. The command t»r of a revenue cutter, must report 
weekly to the collector of the port, where he is stationed, 
the transactions of the cutter, with the names and descrip- 
tion of all the vessels he has boarded ; specifying whether 
they are American or foreign vessels ; whether loaded or 
in ballast, together with all such information as it may be 
necessary for the revenue officers of the port to possess. 






THE MINT. 227 



CHAPTER LIV. 



The Mint. 



1. The United States Mint, located at Philadelphia, is 
one of the most important establishments of the Govern- 
ment. An act of Congress, passed in 1792, was the first 
step towards its creation. Its design was, and its princi- 
pal business has been, to coin the precious metals into 
money. It has been for more than eighteen hundred 
years the usage of civilized governments to coin their own 
money. Ours, at a very early period of its existence, be- 
gan to do the same thing, and will probably continue to 
do it as lone: as it shall exist. Before the art of coining 
was known, the precious metals were used as a standard 
of value, but they passed from one to another by weight. 
The plan of cutting them into small pieces, and then 
stamping their value upon them, by which their worth 
could be known as soon as seen, was an improvement 
Upon the former mode. This process is denominated coin- 
ing. It has of late been brought so near perfection that 
our pieces of money are fine specimens of art. 

2. This establishment, like all others belon Grins: to the 
Government, is under the direction of ofticers chosen for 
that purpose. 



228 OUTLINES OP U. S. GOVERNMENT. 

They are a Director, 

A Treasurer, 

An Assayer, 

A Melter and Refiner, 

A Chief Coiner, and 

An Engraver. 

All of them are appointed by the President and Senate. 
The Director appoints assistants and clerks. 

All must give bonds for the faithful performance of 
their respective duties, upon which they enter under oath. 
The duties of these different officers may almost be known 
by the names they bear. The Director is the head of the 
institution, and the others act under his general direction, 
each having his appropriate duties to perform. In the 
month of January of each year the Director must make a 
report to the President of the operations of the Mint and 
its branches for the preceding year. 

3. Any person may take gold or silver bullion or ores 
to the Mint and receive it back in coin for a very trifling 
expense. Before it is coined, after its value has. been de- 
termined by the Assayer, the Director will give a certifi- 
cate for it, which is of the same value as the bullion de- 
posited. 

4. We have stated that the principal business at the 
Mint is the conversion of the precious metals into coin or 
money. But this is not its exclusive business. Another 
part is to melt and assay these metals, and to run them 
into ingots or bars either of pure or standard gold and sil- 
ver, according to the wish of its owner. In our article on 
the Assay Office at the City of New York we have ex- 
plained this process more fully than we need to do here. 



THE MINT. 229 

5. Until 1835, the Mint at Philadelphia was the only- 
establishment in the United States for coining money. 
But in that year a law was passed establishing Branch 
Mints at New Orleans, in Louisiana; at Charlotte, in North 
Carolina; and at Dahlonega, in Georgia. In 1852 another 
Branch was established in California; in 1862 another at 
Demver, in Colorado Territory; and in 1863 another at 
Carson City, in Nevada Territory, — since made a State ; 
in 1864, another at San Francisco, in California, and an- 
other at Dales City, in Oregon. Except the one in Cali- 
fornia, but little has ever been done at these branches. 
Political reasons in some cases had more to do with their 
establishment than any necessity for them. We need not 
take time to name these officials, or to explain their oper- 
ations. They are all similar to the principal one at Phila- 
delphia ; for the laws relating to that are made to apply to 
these branches. 

6. The Constitution chives Congress the exclusive risrht 
to coin money, and prohibits all the States from doing it. 
This Congress does by tire laws it passes in relation 
to the subject, and the various officers and workmen em- 
ployed to execute the work are only the agents of Con- 
gress. 

The various coins which Congress has from time to 

time ordered to be made are of the following: names and 

value. 

Gold. Value. Silver. Value. Copper. 

Ea^le, 810 00 Dollar, §1 00 One cent 

Half-Eagle, 5 00 Half-Dollar, 50 Two cents. 

Quar. Eag., 2 50 Quar. Dol., 25 Three cents, <fc 

Doub. Eag., 20 00 Dimes, 10 formerly 1-2 c. 

Three Dols., 3 00 Half Dimes, 5 but these are 

One Dollar, 1 00 Three ct. pieces 3 now discont'd. 



230 



OUTLINES OF U. S GOVERNMENT. 



7. Our coins are not made of pure gold and pure silver, 
but of standard gold and silver ; that is, gold or silver 
alloyed or mixed with some baser or less valuable metal. 
By the law of 1837, standard gold and silver were de- 
clared to be, nine hundred parts of pure metal, and one 
hundred parts alloy, — equal to one tenth alloy. Gold 
coins are alloyed with silver and copper, — equal parts of 
each. Silver coins are alloyed with copper alone. Gold 
is declared to be worth fifteen times as much as silver by 
weight. 

In addition to our own coins, Congress has from time to 
time passed laws declaring the value of foreign coins, and 
making them a legal tender. But these laws were all re- 
pealed by the act of 1857, and it was made the duty of the 
Director of the Mint to have them assayed, and to deter- 
mine their weight, fineness and value ; for they are still 
used by banks and merchants, and pass at the value, as 
determined by the Mint. 

The Mint up to 1861, had coined in gold, silver, and 
copper coin, 800,662,475 pieces, worth $799,923,362. 



■ 



• 



ASS^Y OFFICE. 231 



CHAPTER LV. 
Assay Office. 

1. In 1853, the Secretary of the Treasury was authorized 

to establish an office in the city of New York, for the re- 
ceipt, melting, refining and assaying of gold and Bilver 
bullion and foreign coin, and for casting the same into 
bars, ingots or disks. The Assistant-Treasurer of the 
United States, in New York, is Treasurer of said Assay 
Office, and the Secretary of the Treasury appoints such 
other clerks, assistants and workmen as shall be necessary 
for the management of its business. 

2. Persons having gold or silver bullion ores or foreign 
coin, may deposit them in this office, and here it will be 
refined and assayed (at no more cost than the actual ex- 
penses of doing the work) and its value ascertained, and 
the owner will be repaid therefor, in coins of the same value 
and metal as that deposited. It is not coined in this 
office, but cast into bars, ingots or disks, — either of pure 
metal or of standard fineness, as the owner may prefer, — the 
true weight and value of which arc stamped thereon; and 
the owner may either take them in payment for his bullion 
or foreign coin, or it will be coined for him at the United 
States Mint, if he wishes. The bars spoken of are often 
kept in that form, and are used as coin among banks, 
brokers and merchants, who receive and pay large amounts 



232 



OUTLINES OF U. S. GOVERNMENT. 



of the precious metals. With them it passes as coin, for, 
as stated, its exact weight and value are stamped upon it. 

3. This establishment was located at New York, more 
for the convenience of thousands who do business there 
than for the necessity of such an institution ; for at the 
Mint at Philadelphia, there is a department for doing the 
same work as is done here. But at New York, the great 
emporium of America, there is a larger amount of foreign 
coin than in any other place, and it is often advantageous 
to its owners, to have it converted into American coin, 
that it may be used with greater facility. Although many 
foreign coins do circulate in this country, but few know 
their value. Consequently, they do not pass so readily ; 
and for this reason they are melted and run into bars of 
known value, or re»coined into American money. 






NATIONAL BANKS. 233 



CHAPTER LV1 

NATIONAL BANK-. 

1. The Banking system established by an act of 
Congress in 18G3, has brought a great number of banks 
into existence ; and upon a plan so different from any 
heretofore in use, that it seems germane to our subject 
to notice it. 

If the " National Banks" — for so thev are called, 
are not institutions of the Government, they are insti- 
tutions which exist by the authority of the Government. 
It legalizes their existence and to some extent controls 
their actions. By the act referred to, any number of 
persons not less than five, may associate themselves to- 
gether for the purpose of banking, by compliance with 
the following conditions. 

2 First; They must under their hands and seals, 
make a certificate, which shall specify 

I. The name assumed by such association. 

II. The place where its business is to be conducted. 

III. The amount of its capital stock (which can not 
be less than $50,000) and the number of its shares. 

IV. The names of its shareholders, and the number 
of shares held by each. 

V. The time when such association shall commence 
business. 



II 



234 OUTLINES OF U. S. GOVERNMENT. 

VI. A declaration that said certificate is made to 
enable such persons to avail themselves of the advanta- 
ges of this act. 

3. This certificate must be properly acknowledged 
before some competent person, and must be sent to the 
Comptroller of the Currency in the Treasury depart- 
ment, to be recorded and kept by him. When this, 
and all other acts which the law requires, has been 
done by the association, the Comptroller of the Currency 
gives them a certificate under his hand and official seal, 
to that effect, and that they are authorized to com- 
mence business. This constitutes the association a 
corporation. They have the right to make and use a 
common seal, and have all the rights, and are liable to all 
the responsibilities of ordinary legalized corporations ; 
and may exist — not to exceed twenty years — from the 
passage of this act. Every shareholder is made person- 
ally liable for the debts of the association or bank, to 
the amount of the par value of his stock. 

4. In order to secure the holders of bills issued by 
these banks, they must deposit with the Treasurer of 
the United States, United States Bonds, bearing interest 
to an amount not less than one-third of the capital stock 
paid in. These bonds are safely kept by the said 
Treasurer. The Comptroller of the Currency then 
issues to the bank an amount of bank notes equal to the 
amount of bonds thus deposited, less ten per cent. In 
case the bank should fail to redeem its circulating bills, 
its bonds are sold, and with the proceeds, the Comptroller 
of the Currency redeems them, or orders them to be paid 
at the United States Treasury. The bonds held by the 



NATIONAL BANKS. 235 

Treasurer as security for the redemption of the bills 
issued bv the association, must be transferred to him, in 
trust ; thus giving him entire control of them in case 
it becomes necessary to sell them in order to redeem 
the bills of any association which may have foiled to 
pay them on demand. 

5. This act of 1863, before mentioned, has brought a 
great number of new banks into existence. It allowed banks 
already existing under State laws, to become banking 
associations, under this act. Most of the existing State 
banks have done so ; or<xanizindC themselves under this 
law. Hence with few exceptions, (which will probably 
soon disappear), we have a uniform sy-tem of banking all 
over the United States. The bills of these banks pass in 
any part of the country. The holders of them are more 
secure, because there is ample security for their redemp- 
tion, (in case the bank fails to pay) deposited in the 
United States Treasury, where they will be paid up on 
presentation. 

6. The billholdcr is also better protected against coun- 
terfeits than he was under the old system; for all the bills 
issued by these associations are engraved by the 
Government, and the plates and dies on which they are 
printed are kept by the Comptroller of the Currency in the 
Treasury department. The engraving is done in the best 
possible manner, and it is exceedingly difficult to counterfeit 
them. Besides this, they all have the imprint of the seal of 
the Treasury on their face, and are numbered, and counter- 
signed by the Treasurer and Register. With all these 
guards and precautions, we have the best paper currency 
we have ever had since the establishment of the Govern- 
ment. 



236 OUTLINES OF U. S. GOVERNMENT. 

7. This act necessarily threw upon the Treasury depart- 
ment a great increase of labor, and in order to provide for 
• t a separate Bureau was created, which is denominated 
tl'e Bureau of Currency} the chief officer of which is 
lied the Comptroller of the Currency. He acts under 
the general direction of the Secretary of the Treasury. 
This Bureau is charged with the execution of this, and all 
other laws that may be passed by Congress respecting the 
National Currency. The Comptroller of the Currency is 
appointed by the President and Senate, has a Deputy, 
receives a salary of $5,000 per year, holds his office five 
years, has an official seal, gives bonds to the amount of 
$100,000, and takes and subscribes the oath of office 
prescribed by the Constitution and the laws. His duties 
are numerous and very responsible,— he having hundreds 
of millions under his care. 

The terms National Banks, given to these institutions; 
and National Currency to the bills they issue, were given 
from the fact that they were organized by an act of Con- 
gress, and that the security for the redemption of their 
bills consists exclusively of National bonds; no other 
securities will be taken. 



MILITARY ACADEMY. 237 



CHAPTER LVII. 
Military Academy. 

1. The Military Academy, located on the west bank of 
the Hudson river, at West Point, in the State of New 
York, and about 50 miles from the city of New York, is 
one of the Government Institutions. It had its origin in 
an act of Congress, passed as early as 1802. Under this 
act, this far-famed military school was commenced ; but 
on a scale, in every respect, very much inferior to what it 
has since become. 

2. Its name explains its character and object-. It was 
established and has been continued at a great expense; 
for the purpose of teaching and training up young men in 
the science and art of war ; that in any emergency, the 
country might have a sufficient number of men, educated 
and skilled in all such arts and sciences as appertain to 
war. Hence, Mathematics, Engineering, Gunnery, Draw- 
ing, Natural and Experimental Philosophy, and Military 
Tactics, are among the principal branches taught. In 
all of these, able professors give instruction to the cadets, as 
the pupils are called. Chemistry, Geology, and the French 
language are also taught at this Institution. The instruc- 
tion is thorough, the discipline excellent, and some of the 
graduates of this celebrated school rank high among the 
scientific men of the country. 



238 OUTLINES OF U. S. GOVERNMENT. 



3. Congress controls and regulates this establishment 
as it does all other departments, institutions, and works 
belonging to the Government. It enacts all laws relating 
to its officers, professors, and cadets, and to the manage- 
ment of the Institution. 

4. By a law passed in 1843, the number of cadets to be 
admitted was made to correspond with the number of 
Senators and Representatives from each State. E very- 
State and Territory is entitled to send as many cadets as 
it has Senators and Representatives in Congress. This 
gives each Territory, however, but one ; as a Territory has 
no Senators, and but one Representative. By the same 
law the District of Columbia is allowed one. To give 
every part of the country an equal chance, it was enacted 
that each congressional district in every State and Terri- 
tory should be allowed to send one cadet, to be educated 
at West Point. These are generally nominated for ap- 
pointment by the Congressmen from their respective dis- 
tricts, and the President appoints. The cadet must be 
an actual resident of the district for which he is appointed. 

5. In addition to these, it is provided by the same act, 
that 10 more cadets may be appointed at large ; i. e. with- 
out regard to Congressional districts. These provisions 
would make the number of cadets at the present time 
(1867), to be three hundred and fifteen. In order to be 
admitted as a cadet, the candidate must be well versed 
in reading, writing and arithemctic ; must not be under 
14 nor over 21 years of age; and must sign articles, 
agreeing to serve the United States eight years. After 
he has finished his studies and has graduated^ he is con- 



MILITARY ACADEMY." 239 

sidered as a candidate for a commission in the army, ac- 
cording to the duties he may be competent to perform. 

6. The Military Academy may be considered a branch of 
the War Department. Men who have been educated there 
have rendered the country signal service in times of war ; 
have made able commanders, and have proved themselves 
thoroughly skilled in military science. Xot only in the 
military service has it been a benefit to the country, but 
in the civil walks of life. Many of its graduates have dis- 
tinguished themselves as engineers, astronomers, and in 
other scientific professions, and useful employments. 

7. There is an annual examination of the cadets, of the 
general affairs of the Institution, by a committee ap- 
pointed by the President, for that purpose. 

It is composed of Congressmen and military officers. It 
is the duty of these examiners to attend the examination, 
inspect its discipline, and course of instruction, look after 
its fiscal affairs, and all other matters relating to the aca- 
demy, and to report the same to the Secretary of War, 
for the use of Congress. 



240 



OUTLINES OF U. S. GOVERNMENT, 



CHAPTER LVIII. 

Naval Academy. 

1. We will place our notice of this institution next to 
that of the Military Academy, as there is a strong analogy 
between the two. We remarked on that, that it might be 
considered a branch of the War Department. So we say 
of this, it may be considered a branch of the Navy Depart- 
ment. Both are designed to educate and train men for 
future public service, in different departments. 

2. This school is now established at Annapolis, in the State 
of Maryland, near Washington. Like the Military Academy, 
it has its Supermtendent and Professors. The pupils are 
called Midshipmen. They are taught navigation, and such 
other branches of science as are necessary to make them 
good seamen and naval officers. They are selected upon 
nearly the same plan as cadets. Each Congressional Dis- 
trict now in every State and Territory, is entitled to 
send two students to be educated at the Academy. The 
District of Columbia is also entitled to send two. Besides 
which, the President is allowed to appoint ten additional 
ones, — to be selected from acting-Midshipmen, — at large, 
and three more from the boys enlisted in the navy. 

3. After their graduating examination, — if they pass, — 
they are commissioned as Ensigns in the navy, and rank 
according to merit. Before admission, they are examined 



NAVAL ACADEMY. 241 

according to the regulations made by the Secretary of the 
Navy, and must be between the ages of fourteen and sev- 
enteen years, sound, robust, and of good constitution. 

4. The course of study in this, as well as in the Military 
Academy, is adapted to the profession which the students 
are expected to follow, — th^ one in the Navy, the other in 
in the Army. More are educated at these great national 
schools than the government needs in time of peace. Hence 
it is that many of the graduates are engaged in civil em- 
ployment. Thus these institutions have been of great 
service to the country, outside of the Army and Navy, 
for they have added to the number of well-educated and 
scientific men, who may be useful in any of the walk- 
life. Their graduates elevate the standard of intelligence 
in the community, especially when they engage in the 
work of instruction. 

Both of these institutions are supported at the expense 
of the Government. The tuition and board of the cad 
in one, and of the Midshipmen in the other, costs them 
nothing. 



242 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER LIX. 
Armories and Arsenals. 

As early as 1794, Congress enacted that three or four 
Arsenals and Magazines, with an Armory attached to each, 
should be established for the safe keeping of military 
stores. An Arsenal is a place where arms and military 
stores are kept. An Armory is a place where arms are 
made or repaired. The Armories where arms are manufac- 
tured are at Springfield in Massachusetts, and at Harpers' 
Ferry in Virginia. But there are many others where they 
are repaired. 

In 1808, the President was authorized to purchase sites 
and to erect as many more arsenals and manufactories of 
arms as he might deem expedient. Each of these estab- 
lishments was formerly under the direction of a Superin- 
tendent; but they are now placed under the direction of 
the Ordnance department. The office of Superintendent 
of the Armories at Springfield and Harpers' Ferry, was 
also abolished in 1842 ; and its duties have since been 
performed by such officers of the Ordnance Corps as were 
designated by the President. In each Armory there is em- 
ployed a Master- Armorer, who superintends the workmen. 
We have not the means of knowing what number of these 
establishments have been authorized in the United States, 
but in addition to those already named there are arsenals 



ARMORIES AND ARSENALS. 243 

and armories at Pittsburgh in Pennsylvania; at Wash- 
ington city ; at Watcrvliet and Watertown, in New York ; 
at Columbus, Ohio; at Indianapolis, in Indiana; and at 
Rock Island, in Illinois, They are parts of the military 
establishment of the country, and belong to the War De- 
partment. 



244 



OUTLINES OF U. S. GOVERNMENT. 



CHAPTER LX. 



The Army and Navy. 

1. A detailed and a minute description of the various 
departments, officials, works and modes of operation, in 
these two great Government establishments, would re- 
quire a larger volume than the present to contain it. We 
must, therefore, in a work of this kind, be content to speak 
of them in the most general terms. Indeed it would be 
quite uninteresting to the general reader to peruse a de- 
tailed account of the division of the Army into corps, 
brigades, regiments and companies, with all the grades of 
officers commanding them; or of all the appendages to 
an army, such as the Commissary department, the Quar- 
termaster's department, and many other important attach- 
ments to a regular Army. And what we say of the Army 
would hold true of the Navy. 

2. We will then only say that the Army and the Navy 
are the two great arms of our Government, as they are of 
all others. They are the means of defence against attacks 
or invasions from other powers; as well as of offense, 
when circumstances require us to invade foreign countries, 
or to enforce our rights upon the high seas, though this is 
especially the duty of the navy, which has rights all over 
the seas equal with those of any other nation. But to re- 
sist foreign aggression, or to defend our rights on the seas, 



THE ARMY AND NAVY. 24-5 

is by no means the only reason for maintaining an army 
and a navy. Experience has shown that such is the de- 
pravity, the lawlessness, and the wickedness of a part of 
mankind, that nothing but compulsion will keep them in 
order; nothing but force will keep them from the viola- 
tion of the best of laws. This reckless and vicious class of 
persons are so numerous that laws could never be exe- 
cuted, nor order preserved, if no military or naval power 
stood behind the civil power to enforce the laws when 
they are resisted by any considerable body of persons. 
But for the known fact that the military power >tunds 
ready at the call of the executive authority of the Govern- 
ment, resistance to every law which was distasteful to the 
most depraved and vicious would be made. Thus order 
at home, almost as much requires the military power as 
our defence against the wrongs or invasions of foreigners. 

3. The Navy cannot act in all emergencies as the Army 
can, because it is necessarily restricted in its action-. It 
can only act on the seas or upon places accessible to it by 
water; whereas the Army can operate any where upon 
land. It never has been the policy or the practice of the 
United States to keep a large standing army, for it )ia< 
been thought inconsistent with a republican government ; 
first, because it seemed to imply a want of confidence in 
the intelligence and patriotism of the people, the majority 
of whom are deemed law-abiding, patriotic, and willing 
without compulsion to support the authority of the civil 
power of the Government. And another reason is that a 
large army is a very expensive thing. Indeed the Army 
and the Navy are by far the two most expensive depart- 
ments of the Government. Economy therefore is another 



246 OUTLINES OF U. S. GOVERNMENT. 

reason why our standing army has always been small in 
times of peace. In this connection we will notice another 
fact, which renders it unnecessary for our Government to 
maintain a large army, at any other time than when we 
are at war, and that is our militia system, which was 
established immediately after the organization of the 
Government. By a law of Congress, it was enacted, that 
every sound and healthy man, with a few exceptions in 
special cases, between the ages of 18 and 45 should be 
enrolled and equipped for military duty. Then, by the 
laws of the States, they are required on certain days in 
each year to meet in companies, regiments or brigades, 
for drill and practice in military exercises. 

4. By these means military organizations are kept up 
in every part of the country, together with some know- 
ledge of the military art. These, in time of war or 
domestic insurrection, may be called out with but a few 
days' notice ; and a large army of citizen soldiers can be 
raised in a very short time. With such facilities for raising 
men it is unnecessary to keep a standing army of much 
magnitude. A few thousand men to guard our fortifica- 
tions and military posts are sufficient. 

The late civil war between the South and the North 
gave ample evidence of this ; for when it became necessary 
to raise a million of men it was done in a short time, and 
after a little practice they became good soldiers. Until 
the recent civil war, the Navy of the United States was, in 
comparison with that of several other nations, small and 
weak. But during the rebellion the necessity of greater 
force in this arm of our government, very soon brought 
into existence the most powerful navy in the world ; and 






THE ARMY AND NAVY. 247 

today, our navy ranks as one of the best, if not the very 
best in the world ; notwithstanding that it has been greatly 
diminished since peace has been restored. 

5. The necessities of the case called for raanv more 
vessels than the Government had ; and a large number 
were purchased which had been built and used for com- 
mercial purposes. Besides these, a great number were 
built; and many English a , which had run the 
blockade, or attempted to do so, were taken as prizes, and 
immediately placed in our navy. Hence perhaps no navy 
upon earth ever grew from smallness to greatness, and 
from weakness to power so rapidly as did the American 
Navy from 18G1 to 1865, or during the continuance of the 
rebellion. 

Not only was the number of ships, men, and guns 
greatly increased, but the power and efficiency of our guns 
were augmented bey ond anything ever known before ; as 

was also the power of our ships of war for offence or 
defence. When we see cannon which will send balls five 
miles, and do terrible execution, and iron-clad ships so 
constructed as to be as impervious to cannon ball i rock 
is to small shot, we may place our navy on an equality, if 
not in advance of any other which can be found on earth. 
In this respect we stand on a proud eminence in contrast 
with any other nation. 

6. We have said already that since the restoration of 
peace among ourselves, the force of the navy had been 
greatly reduced and brought down to a peace standard. 
Yet it is still of sufficient power to answer any emergency, 
that is likely to occur. From the report of the Secretary 
of the Navy, rendered near the end of the year 1866, we 



248 OUTLINES OP U. S. GOVERNMENT. 

learn that the present naval power of the country consists 
of 278 vessels of all descriptions ; carrying 2,351 guns, 
and about 13,600 seamen, which in case of war could easily 
be doubled. 

7. We have in another place spoken of the Naval 
Academy, and said that its object was to educate young 
men for the naval service. The Government has also 
appropriated ships and established schools on board of 
them for the instruction of boys in navigation, and naval 
warfare. These are called apprentices ; and for good con- 
duct and proficiency in their studies, they are promoted to 
the Naval Academy, and placed in the line of promotion. 
Thus the Government is training up a class of young men 
for the navy, who will not only be well educated, but well 
drilled in all the arts and sciences which pertain to the 
naval service. " In time of peace prepare for war," is a 
proverb on which the Government is now acting. 

8. For the construction of our vessels of war and for 
their equipment and repairs, several Navy Yards have 
been established along the coast, and on some of the 
navigable rivers. Here the ships are built, armed, 
equipped, manned and fitted out for their destination. 
The principal Navy Yards are at Brooklyn, N. Y., Phila- 
delphia, Pa., Norfolk, Va., and Pensacola, Fla. 

9. Not half of the vessels belonging to the navy are, 
however, (now in time of peace) in commission, that is, in 
active service. The rest are either laid up, or in 
process of repair. Most of those in commission are 
employed in what is called squadron service. The 
Secretary of the Navy in his last report enumerates seven 
of these squadrons ; viz., the European, the Asiatic, the 



THE ARMY AND NAVY, 249 

North Atlantic, the South Atlantic, the Xorth Pacific, the 
South Pacific, and the Gulf squadrons. The names given 
to these squadrons indicate their whereabouts, and their 
cruising grounds. These squadrons consist of six, eight, 
ten, twelve or fifteen vessels, as the work to he done may 
require. It is their duty to visit the sea ports of the 
various countries along the coasts of which they cruise, in 
order to proctect our merchantmen against pirates or 
enemies of any description, who may molest them or inter- 
fere with their rights or privileges; and also to look after 
the interests and dignity of the United States. 

10. These squadrons are under the command of a high 
naval officer of the rank of Commodore or Rear- Admiral, 
whose ship is called the Flag ship of the squadron. Many 
of our naval officers have distinguished themselves for 
bravery, skill, and patriotic devotion to their country, 
and have occupied the highest position of honor, and the 
most exalted places in the esteem and affections of their 
countrvmen. 

In 1862, Congress enacted that there should be nine 
grades of officers in the Navy, and that their correspond- 
ing rank with military officers should be as follows — 

1. Rear-Admiral, with Major-General. 

2. Commmdores, " Brigadier-Generals. 

3. Captains, " Colonels. 

4. Commanders, " Lieutenant-Colonels. 

5. Lieut.-Commanders, " Majors. 

6. Lieutenants, " Captains. 

7. Masters, " First Lieutenants. 

8. Ensigns, " Second Lieutenants. 

9. Midshipmen, with no corresponding rank in the Army r* 



250 OUTLINES OF U. S. GOVERNMENT. 









CHAPTER LXL 
Articles of War. 

1. As a sequel, or as a kind of appendix to what has 
been said about the army, it seems appropriate to make 
some remarks upon the " Articles of War," as they are 
commonly called. These are not, as some might suppose 
them to be, rules made by the highest officers in command, 
for the government of the officers and soldiers of inferior 
rank ; but they are laws of Congress, acts of that body. 
Hence they come from the highest authority in the land, 
and are as binding upon the highest in command as upon 
the humblest private. 

2. They relate of course exclusively to the army, and 
consist of one hundred and one articles, each containing 
some specific rule or direction for the government of either 
officers, soldiers, or attachees of the army. They form a 
complete Code of laws for them all, while in actual service. 
The first one of these requires every officer in the army to 
subscribe these rules and regulations,, before he enters upon 
his duties ; thus signifying his approval of them, and 
tacitly promising to regulate his conduct by them. 

3. But to recite the provisions of each article would re- 
quire more space than we can appropriate to this theme. 
Let it suffice then to enumerate some of the principal sub- 
jects embraced in these articles ; showing what matters 



ARTICLES OF WAR. 251 

relating to the army Congress has seen fit to regulate by 
legislation. These are, — 

1st. Directions to both officers and men to attend public 
worship, accompanied by penalties prescribed for any im- 
proper behavior on such occasions. 

4. They prohibit the use of profane oaths and execra- 
tions, of contemptuous and disrespectful language against 
their superiors , the raising of a mutiny among the trooi 
and the striking, raising any weapon, or offering any vio- 
lence to a superior officer. They prescribe the oath or 
affirmation which every officer and private must take upon 
his entrance into the army, and the penalties for the viola- 
tion of any of the Articles of War, or the omission of any 
duties incumbent upon them. They contain rules for the 
enlistment, dismissal, and discharging of men, and for 
granting them furloughs, and leave of absence, with penal- 
ties for desertion, or absence without leave. 

5. They prohibit duelling, or challenging to a duel ; 
make rules for sutlers in the army ; prohibit embezzlement 
of public property, or public money; sleeping while on 
guard; drunkenness; absence from parade ; raising false 
alarms; cowardice; disclosing watchwords; aiding or 
corresponding with the enemy. They prescribe the rank 
and grade of officers ; direct how courts-martial shall be 
constituted; how proceedings shall be conducted in them ; 
and how deceased officers' and soldiers' money, effects and 
arms, shall be disposed of. 

6. These are the most important among the provisions 
of the " Articles of War," and with others of less note, 
must be read and published once in every six months 
to every regiment or troop in the service. In many in- 



252 



OUTLINES OF IT. S. GOVERNMENT. 



stances, they prescribe specifically what punishment shall 
be inflicted for any violation of these rules and regula- 
tions ; but in other cases they leave the mode and amount 
of punishment to the discretion of the courts-martial, be- 
fore which the accused is tried. Penalties for military of- 
fences rise in severity, corresponding with the turpitude 
of the crime, from a small fine, or a short imprisonment, up 
to death. The sentence of any court-martial may, how- 
ever, always be modified, commuted, or set aside by the 
President of the United States, who is, as is well-known, 
Commander-in-Chief both of the Army and Navy. A 
general court-martial is composed of commissioned officers, 
not less than five, nor more than thirteen in number. 



CHAPLAINS. 253 



CHAPTER LXIL 
Chaplains. 

1. If Chaplains are not officers of the Government, they 
are at least employees of it ; for they are appointed by its 
authority, and paid from its treasury. Those in the army 
receive the same pay and emoluments as a Major of in- 
fantry ; or this was the compensation allowed by act of 
Congress in 1812. But by an act of 1862, it was fixed at 
$100,00 per month, and two rations per day, for those in 
the army or hospitals. By the act of 1812, one Chaplain 
was allowed to every brigade ; but by an act of 1861, 
(during the civil war), one for every regiment was allowed. 

Navy Chaplains, in 1835, received SI, 200 pur year. 
But in 1860 this was raised to a Lieutenant's pay ; and 
this in 1862 was 81,800 per annum. 

Chaplains in Congress receive §750 per annum. 

2. The United States also employ a chaplain in the 
Military Academy at West Point. 

From the foregoing, it will be seen that in time of war 
with one chaplain for every regiment, and one for every 
ship of war, and others in hospitals and military posts, 
quite a large number of clergymen are employed by the 
Government. 

This provision for the religious instruction of those who 
cannot, from their peculiar position attend the preaching 



254 OUTLINES OF U. S, GOVERNMENT. 

of the Gospel, or other religious services, is certainly an 
indication that our Government respects religion, and 
looks after the spiritual, as well as the temporal interests 
of its Army and Navy. 

3. In the appointment of chaplains, the Government 
pursues a liberal course. They give no particular prefer- 
ence to any denomination, but appoint them from almost 
every religious sect, and allows them to conduct religious 
services after the forms of the church to which they respec- 
tively belong. 

Every body knows what the duties of a Chaplain are. 
So we need not explain them here, and will only add that 
a faithful Chaplain, in the army in time of war, has much 
to do besides preaching, and holding regular religious ser- 
vices. The wounded, the sick, and the dying, should be 
the particular objects of his attention. He should not 
only minister religious instruction and consolation to them, 
but look after their physical comforts. Many of these 
clergymen during the late most unfortunate civil war, dis- 
tinguished themselves by their exertions to promote the 
bodily comforts of those unfortunate men, as well as to 
give them religious instruction, not refusing to nurse the 
sick and wounded, whenever they could relieve their pains, 
or mitigate their sufferings. 



THE NAVAL OBSERVATORY. 255 



CHAPTER LXIII. 

The Naval Observatory. 

1. This Institution is located in Washington, and was 
established by act of Congress in 1842, and put into oper- 
ation in 1844. Its name indicates the particular object 
or purpose of its establishment. The w Naval Observatory" 
suggests the idea that it has some connexion with the 
Navy, and so it has ; for the immediate object in founding 
it was, to determine such astronomical problems as would 
be of great service to the Navy. It is well known that 
Astronomy lies at the foundation of nautical science, and 
that without the knowledge of the former, but little skdl 
in the latter could ever be acquired. 

2. The Observatory was built and finished with various 
astronomical and philosophical instruments, and a corps 
of professors were appointed to watch the movements of 
the heavenly bodies, and to make such observations and 
experiments as would enable them to determine many un- 
settled questions which relate to the science of navigation ; 
and incidentally to another great Government work, hav- 
ing especial reference to the same subject ; that is, — the 
Coast Survey. 

The Coast Survey has already been of great service to 
the interests of navigation, — whether national or commer- 
cial vessels are regarded, — and when finished, much 



256 OUTLINES OF U. S. GOVERNMENT. 

greater benefits are to be expected. When a sufficient 
number of observations and experiments shall have been 
made at tliQ Naval Observatory, and published to the 
world, much valuable information will be added to what 
is already known. And indeed it would be disreputable 
to a nation having so large a Navy, and such a vast num- 
ber of merchant ships upon the ocean as we have, to do 
nothing for* or to add nothing to, the science of naviga- 
tion. It would be an unwise policy if economy only were 
studied, and we should justly deserve the reproach of 
being penurious, short sighted, and miserably wanting in 
disposition to promote the general good of the world. 

3. During the first nine years after the Government of 
the United States was put into operation, we had no navy 
department. The administration of the affairs of the very 
small Navy which we then had, was placed in the hands 
of the Secretary of "War ; and after a navy department 
was established, but little was done by the Government' 
to improve nautical science, until the Naval Observatory 
was built ; since that, much attention has been given to this 
important subject, and it is expected that corresponding 
results will follow. 

4. This Institution owes more to that enlightened and 
truly patriotic President, John Q. Adams, than to any 
other man. He recommended it as far back as 1823, and 
again in his first message to Congress. But political op- 
position to the man, prevented his recommendations from 
being acted upon till nearly 20 years after they were 
made. This opposition was finally overcome, and we and 
posterity after us, will reap the fruits of Mr. Adams's sug- 
gestions and labors, to promote the cultivation of that 



THE NAVAL OESERVATORY. 



257 



science which is at once a benefit and an honor to our 
country. 

5. The professors are assiduous in their labors, and pub- 
lish the results of their observations, and the facts they 
have determined. These are not only of use to our own 
seamen, but to those of all nations, who are doing business 
on the great deep. Here the charts made by the Coast 
Survey are deposited, and here all our national vessels are 
furnished with them, and with all the nautical instruments 
they require. The charts, instruments and books relating 
to astronomy and navigation found here, make it the 
head quarters and depot of nautical science in the United 
States, 



258 OUTLINES OF U. S. GOVERNMENT, 



CHAPTER LXIV. 

Coast Survey. 

1. The Coast Survey, the Naval Observatory and light 
houses are all of a similar character ; government works in 
their purposes, and in their utility. The plan of making 
a survey of the whole coast, and of keeping it lighted, is one 
founded in a wise and generous policy. It aids commerce, 
and encourages navigation, by making known the hidden 
dangers of the sea, and by giving directions how to avoid 
them. 

2. This government undertaking has not been as vigor- 
ously prosecuted as some other enterprises conducted by it. 
As early as 1807, Congress passed an act authorizing the 
President to have this work done. Much of it has been 
done, yet it is not finished at this day. Our acquisition of 
Florida, Texas and California has greatly extended our 
sea, coast since the work was commenced, and its accom- 
plishment has cost more time and labor than was 
anticipated at the beginning, yet we think it ought to have 
been completed in much less than 60 years. 

3. This work, like that relating to light-houses, is under 
the management of a Board ; consisting of a superintend- 
ant, two principal assistants, two naval officers, and four 
officers of the army. These nine constitute the Board. 
Then there are as many officers of the army and navy 
employed in the execution of the work as are deemed 






COAST SURVEY. 259 

necessary. And the public vessels, by direction of the 
President, may be used in order to facilitate the work, for 
much of it must be done out at sea. The survey extends 
20 leagues from the shore. The surveyors must make 
accurate charts (which I will call sea maps) of the whole 
coast, in which are laid down all the islands, shoals, roads 
or anchorage grounds within 20 leagues of any part of the 
shore of the United States. The courses and distances 
between the principal capes or headlands, must be laid 
down, together with the soundings (depth of water) and 
everything else necessary to make a complete and accur- 
ate chart of every part of our coasts. 

4. An annual report of this work must be made to Con- 
gress in December of each year, accompanied with charts, 
showing the progress of the work, the number of persons 
employed, the expenses incurred, the amount of work 
finished, and what is unfinished. These reports and charts 
are carefully preserved, and copies of them may be had at 
Washington for the use of our naval and merchant ships, 
to which they are of great service, as guides whenever 
they are on or near the coast. This work, in its utility, 
is not confined to ourselves ; but the important informa- 
tion obtained by it is of great use to the navigators of all 
nations, who come into our ports, or cruise on our coasts. 
They derive the same benefits from this work that we 
derive from theirs of the same kind. It is creditable to 
any nation to do such things as are beneficial to the 
world, such acts as contribute to the welfare of humanity. 
Shipwrecks belong to the list of terrible calamities which 
often befal those " who go down to the sea in ships, that 
do business in great Waters ;" whoever diminishes these is 
a public benefactor. 



2G0 



OUTLINES OF U. S. GOVERNMENT. 



CHAPTER LXV. 



Light-houses, Buoys and Beacons. 

1. These are all Government establishments, and we 
must therefore notice them. They are built, lighted, re- 
paired, and taken care of, wholly by the Government. 
Every body knows the object for which they are con- 
structed. Guided by them, the mariner may approach 
the coast in the night with safety ; while without them 
many noble ships would be wrecked, which now safely 
arrive in port. Humanity and interest both dictate their 
construction, near the entrance to every sea-port ; and at 
the most dangerous and prominent points all along the 
sea coast. This our Government has wisely done, not 
only on the sea coasts, which stretch for thousands of 
miles along our borders, but also along the shores of our 
navigable lakes and rivers. 

2. Keepers are appointed by the government to keep 
them in repair ; and to see that they are properly lighted 
every night. We have no means of knowing the number 
of these useful establishments ; but there must be several 
hundreds of them ; for we have more sea coast than any 
other nation upon the globe, with a still greater length of 
lake and river shore. They are located at prominent 
points and at dangerous places, all along the extensive 
lines of coast, and shores. 






LIGHT-HOUSES. 261 

3. All this work, like everything else done by Govern- 
ment, must be clone according to law. In order to the 
business of constructing and keeping the light-houses in 
repair, and that competent men may have the whole 
matter in charge, a law of 1852 authorized the President 
to appoint two officers of the navy of high rank ; one 
officer of the Corps of Engineers of the Army; one officer 
of the Topographical engineers; and two civilians of high 
scientific attainments, to form a Light House Board of the 
United States. This Board is attached to the Treasury 
department, and the Secretary of the Treasury superin- 
tends its operations. The Board has in charge the build- 
ing, illumination, and inspection of light-houses, light- 
vessels, buoys, beacons, sea marks and their appendages. 

4. The Secretary of the Treasury is President of the 
Board, and may convene them whenever he deems it 
necessary. 

The law makes it the duty of the Board to divide the 
whole of the sea, gulf] and lake coasts, into light-house 
districts; not exceeding 12 in number. An officer of the 
army or navy is assigned to each district, as a light-house 
inspector. 

Wc have not in detail enumerated all the duties devolv- 
ing on this Board, and therefore say in general terms that 
they have control of everything relating to light-house-, 
light ships, buoys, beacons, or other means of directing 
vessels in and out of port, or of guiding them while Bail- 
ing alona; the coast in the ni^ht. 

5. As foreign vessels receive the same benefits from our 
Jisrlit houses as our own, there is nothing unfair or illib- 
eral in requiring them to contribute something towards 



! 



262 OUTLINES OF U. S. GOVERNMENT. 

the expenses of maintaining them. For this purpose, 
Congress has imposed a tax, or laid a duty of 50 cents 
per ton on all foreign vessels, entering any ports of the 
United States. This is called + 



" LIGHT MONEY," 






and needs no explanation. It is collected in the same 
way as tonnage duties are, i. e. by the Collector of the por 
where the ship arrives. Light money is not required of 
vessels owned by citizens of the United States, provided 
that they are regularly registered as the law directs, or have 
a sea letter. 

7. A sea letter is a document or certificate, given by the 
Collector of a port, to the captain of an American vessel, 
certifying that she belongs to a citizen or citizens of the 
United States. Armed with this, the captain can prove 
to all whom it may concern, anywhere in the world, the 
ownership and nationality of his vessel. This is a pro- 
tection to her, and her cargo ; especially in times of war. 
It is one of a ship's papers. 



THE SMITHSONIAN INSTITUTION. 2G3 



CHAPTER LXVI. 
The Smithsonian Institution. 

1. Tins Institution, though differing materially from 
almost every other Government establishment, should be 
noticed in a work of this kind ; although nothing hut the 
official machinery by which it was at first set in motion, 
and is continued in operation, belongs to the Government. 
The funds with which it was founded, were furnished by 
an individual, and he a foreigner. The history runs thus : 
A noble-hearted Englishman, whose name was Jame3 
Smithson, residing in the City of London, bequeathed all 
his property to the United States of America, for the pur- 
pose of founding in Washington an establishment to be 
known as the " Smithsonian Institution," for the purpose 
of increasing and diffusing knowledge among men. The 
United States accepted the bequest, and in 1846 passed an 
act for the purpose of carrying out the beneficent design of 
Mr. Smithson. This act created " an establishment, " as it 
is denominated in the act, by the name before stated. It 
might have been called a corporation, for it has perpetual 
succession, and many of the powers incident to a corpora- 
tion. 

2. By this act the President and Vice-President of the 
United States, the Secretary of State, the Secretary of the 
Treasury, the Secretary of War, the Secretary of the Navy, 
the Postmaster- General, the Attorney-General, and Chief 



2G4 OUTLINES OF U. S. GOVERNMENT. 

Justice, the Commissioner of the Patent Office, and the 
Mayor of Washington — during the time they shall hold 
their respective offices, together with such other persons 
as they may elect honorary members — were constituted the 
establishment under the name of the Smithsonian Institu- 
tion. 

3. It is located at Washington, and is managed by a 
Board of Regents, composed of the Vice-President of the 
United States, the Chief Justice of the United States, the 
Mayor of Washington, three members of the Senate, and 
three members of the House of Representatives ; together 
with six other persons. The Board choose their own offi- 
cers and report their proceedings to Congress at each 
session thereof. 

4. In order to carry out Mr. Smithson's noble design of 
founding this institution, rooms have been prepared for the 
reception of all objects of art, natural history, plants, and 
geological and mineralogical specimens which now or 
hereafter may belong to the United States ; and such as 
may hereafter be obtained. These are classified and 
arranged so as to facilitate the examination and study of 
them. A vast collection has already been obtained and 
deposited in the institution, and it is constantly increasing 
by donations, by the researches and industry of its pro- 
fessors, and by exchanges made with kindred institutions 
at home and abroad. These are open to the examination 
of the public, and offer an opportunity to students and 
others to extend their scientific knowledge. This, together 
with the reports of its professors, of experiments and new 
discoveries, make it indeed an institution "for the increase 
and diffusion of knowledge among men." 



PATENT^ OFFICE. 265 



CHAPTER" LXVH. 

Patent Office, Patent Rights, and Commissioner of 

Patents; 

1. The foundation of our patent laws is found in the 
Constitution of the United State -. In the powers it con- 
fers on Congress, the following is found, " To promote the 
progress of science and useful arts, by securing for limited 
times to authors and inventors the exclusive riodit to their 
respective writings and discoveries." On this authority, 
Congress has passed numerous acts for this purpose. We 
find one of this kind, as early as 1790. 

2. A patent right is an exclusive right, granted by an 
officer denominated the Commissioner of Patents, in con- 
formity to law, to the inventor or discoverer of any new 
and useful article. This exclusive right is conferred by 
acts of Congress, on compliance of the inventor with cer- 
tain conditions which are clearly specified in the law. 
The evidence that such exclusive right has been conferred 
on any individual, is contained in a document, called 
" Letters patent," issued at the Patent office in Washing- 
ton ; signed by the Secretary of the Interior, (formerly by 
Secretary of State), countersigned by the Commissioner of 
Patents, and sealed with the seal of his office. Thus pro- 
tected, he alone can make use and sell the article he has 
Invented, for the term of 14 years ; and upon showing a 
good reason therefor, the Commisioner will extend the 



266 OUTLINES OP U. S. GOVERNMENT. 

term to 7 years longer ; or Congress will pass a Special act; 
for that purpose. 

3. This was the law up to 1861 ; and is still in force as 
to patents granted anterior to that date. But a new act 
was then passed, extending the term of an original patent 
to 17, instead of 14 years, and prohibiting any extension 
of such patents. 

An inventor, before he can obtain a patent, must swear, 
that he believes that he is the inventor or discoverer 
of the art, machine or improvement, for which he solicits 
a patent. He must also give in writing a clear and minute 
description of it ; and, when necessary, must make and de- 
liver a model of his invention ; which in all cases must be 
something new, unused and unknown before ; or his appli- 
cation will be rejected. There is considerable expense 
attending the procurement of a patent right. 

4. But when obtained, no person except the patentee, 
has any right to make, sell or use the article patented, 
until the time has expired, for which this exclusive right 
was granted, without the permission of the patentee. Any 
person doing so, is liable to a heavy penalty, and may be 
prosecuted in the Circuit Court of the United States ; this 
court having original jurisdiction in all cases arising under 
the patent laws. But a writ of error or an appeal lies to 
the Supreme Court of the United States. 

5. The Patent Office when first established was a Bureau 
of the State department, and the Commissioner of Patents 
acted under the direction of the Secretary of State. But 
after the creation of the Department of the Interior, in 
1849, it was transferred to it, became a Bureau of the new 



PATENT OFFICE. 207 

department, and the Commissioner now acts under the 
general direction of its Secretary. 

TIIE COMMISSIONER OF PATENTS 

6. Is appointed by the President and Senate. His du- 
ties are best explained in the language of the law itself, 
which in speaking of the creation and appointment of this 
official, says that his duties shall be, u to superintend, exe- 
cute and perform, all such acts and tilings touching and 
respecting the granting and issuing of patents fur new and 
useful discoveries, inventions and improvements, as are 
herein provided for, or shall hereafter be, by law directed 
to be done, and performed." 

He has the charge and custody of all books, records, 
papers, models, machines, and all other things belonging to 
the Patent Office ; and has the privelege of sending and 
receiving letters and packages by mail, relating to the bu- 
siness of the office, free of postage. He has the power 
to appoint his clerks, examiners and subordinates: among 
whom are Patent Office agents, who may be appointed 
in not more than twenty of the principal cities and towns 
in the United States. It is their duty to forward to tho 
Patent Office all such models, specimens, and manufac- 
tures, as shall be intended to be patented. 

7. In cases of appeal from the decision of the Commis- 
sioner, the appeal may be made to the Board of Examin- 
ers, or to the Chief Justice of the District Court of the 
United States for the District of Columbia. There is a seal 
for the Patent Office, which the Commissioner keeps, and 
which he must affix to patents when granted, and to other 



268 OUTLINES OF U. S. GOVERNMENT. 

papers and records issued from his office, which are wanted 
as evidence in other places. 

He is also authorized to publish a classified and alpha- 
betical list of all patents issued at the Patent Office. This 
he frequently does, for the information of the public. 




COPYRIGHTS. 269 



CHAPTER LXVIIL 
Copyrights. 

1. A copyright is an exclusive privilege given to any cit- 
izen of the United States to print, publish, and sell any 
book, map, chart, engraving, or musical composition of 
which he or she is the author. This right is given by the 
laws of Congress. No State can give it. The object of 
the law is to encourage authors, and to compensate them 
for their labors. This compensation they would not re- 
cicve if everybody might print and publish their produc- 
tions. A copyright is a kind of property, and may be 
sold and inherited like other property. 

2. A compliance with the laws on this subject is neces- 
sary, however, before the right can be secured. First, the 
author must deposit in the office of the Clerk of the United 
States District Court of the district in which he resides, a 
printed copy of the title page of such book, map, chart, 
&c, and this must be recorded in the clerk's office. 
Second, within three months after the publication of the 
book or other work, the author must deposit a copy of it 
in the office of the same clerk. Third, he must also give 
information to the public, by causing to be inserted on the 
title page, or on the page immediately following it, the 
following words, viz., " Entered according to act of Con- 
gress, in the year , by A. B., in the Clerk's office of 



270 OUTLINES OF U. S. GOVERNMENT. 

the District of ." The author or proprietor is also 

required to deposit a copy of his work in the office of the 
Secretary of the Interior within three months after its 
publication. 

3. When all these legal provisions are strictly complied 
with, the author receives from the Department of the In- 
terior his letters — his copyright — which secures to him, 
his heirs or assigns,, the exclusive right to print, publish, 
and sell his work for the term of twenty-eight years. 
And if, in violation of this right, any person or persons 
shall print, publish, or sell the work thus secured to the 
author, he or they may be prosecuted for damages in the 
Circuit Courts of the United States, which courts have ex- 
clusive jurisdiction in these cases, with right of appeal to 
the Supreme Court. 

4. The penalty for printing and publishing any work 
for which a copyright has been granted within twenty- 
eight years from the time when the title page was recorded, 
is a forfeiture of every copy thus printed, and a fine of 50 
cents for every sheet found in his possession. One half of 
this fine is paid to the author, and the other to the United 
States. But the suit for the recovery of any damage done 
or penalty incurred for the violation of the copyright 
laws must be brought within two years after the cause of 
action arose. 

5. Up to 1849 the department of the Secretary of State 
was charged with the duty of issuing copyrights, and with 
all other things pertaining to the duty of Government in 
securing them to authors. But at that time the Depart- 
ment of the Interior was created, and this business was 
transferred from the State to this department, together 






COPYRIGHTS. 271 

with all the hooks, maps, charts, papers and documents 
relating to copyrights. 

Our Government is not peculiar in securing this right 
to authors. In nearly every civilized country where lit- 
erature is cultivated you will find copyright laws. 



272 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER LXIX. 

PENSIONS, COMMISSIONER OF PENSIONS, PENSION OFFICE AND 

PENSION AGENTS. 

1. Pensions are annual donations in money made by 
the Government, to those men who have been either in 
the Army or Navy of the United States, and who have 
been wounded and disabled in the service of their country. 
It amounts really to extra pay, over and above the 
monthly pay of an officer, soldier or sailor, at the time 
the wound was received. It has cost the United States 
millions of dollars to support these pensioners ; for there 
never was a time, since the establishment of the Govern- 
ment, when it had not more or less of these unfortunate 
men to provide for, by money, paid from the United 
States Treasury, in the shape of pensions. At first there 
were the disabled soldiers and sailors of the revolutionary 
war to be provided for, immediately after the govern- 
ment was put into operation. But few if any of them 
remain. Then came the second war with England, called 
the war of 1812 (from the year in which it commenced) 
which greatly increased the number of pensioners. Then 
the war of 1846-7 with Mexico, again added thousands to 
the pension roll. But all these wars put together never 
threw so many men on the Government for support, or 
partial support, as the late civil war between the North 






PENSIONS. 273 

and South. At no former period was the pension list so 
large as at present. It will remain so for years to come ; 
requiring an appropriation of many millions annually to 
aid these unfortunate men who have become wholly or 
partially incapable of supporting themselves. These 
greatly increase the expenses of the Government, and 
afford a forcible comment upon the evils and horrors of 
war. 

2. The Pension laws not only provide for officers and 
men, who have been disabled by wounds, but it provides 
for the widows and orphan children of such as have been 
killed in battle, or died of sickness contracted while in the 
service of the country. These provisions, it will be readily 
seen, greatly increase the number of pensioners upon the 
Government. These receive the same in amount as the 
husband or father would have received had he survived 
his wounds. 

3. It is not intended in granting a pension to a person 
to give him a full support. Pensions are moderate 
amounts, generally about half the same which the recipient 
received at the time he was wounded, i. &, about half his 
monthly wages when in the army or navy. Officers' pen- 
sions are graduated according: to their rank. 

4. From what has already been said on this subject, it 
will be plainly seen that it requires much care, labor, and 
attention to keep correctly the list of pensioners upon the 
Government, and to detect all the frauds which pension 
agents and other interested parties may perpetrate upon 
it, by concealing the deaths of those who have been in the 
receipt of pensions, for years after they are dead, while 
they continue to draw their money. 



274 



OUTLINES OF U. S. GOVERNMENT. 



5. In order to accomplish this benevolent design of the 
Government, a Bureau was established in the War Depart- 
ment (since transferred to the Department of the Interior) 
at the head of which an officer denominated the Commis- 
sioner of Pensions is placed. This Bureau is properly the 
Pension Office. The Commissioner is appointed by the 
President and Senate,and holds his office during the pleasure 
of the President;. It was his duty formerly, under the 
direction of the Secretaries of War and the Navy, but 
now under the supervision of the Secretary of the Interior, 
to execute all such duties relating to pensions, as the 
President shall direct. He is charged to carry out all the 
laws in relation to this matter. 

6. The persons entitled to pensions are necessarily 
scattered all over the States and Territories, and many of 
them could not bear the fatigue or expense of making 
their demands at Washington. To render this un- 
necessary, the Secretary of War is authorized to appoint 
Pension Agents in all the States and Territories. These 
agents receive the money due to pensioners in the district 
where they reside, and distribute it as directed by the 
Commissioner of Pensions. In this way most of the pen- 
sions are paid — the agents receiving a percentage for their 
services. 

7. It is not the intention of the Government to give 
pensions where they are not necessary for the support of 
the recipient ; and when it is ascertained that pensioners 
are in eood circumstances, and do not need Government 
aid, their names are stricken from the pension roll. 

In order that pensioners shall have and enjoy the full 
benefits of this Government bounty, the law protects the 



PENSIONS. 



275 



pension, and does not allow it to be taken away from the 
recipient, by any process of law, for debt, or for any cause 
whatever. 

The preceding provisions are extended not only to 
those who have been injured in some of the great wars, 
but also to those who have been disabled in any of the 
Indian wars, of which we have had many , and which we 
are still having. 



27G 



OUTLINES OF U. S. GOVERNMENT. 



CHAPTER LXX. 



U. S. HOSPITALS AND ASYLUMS. 



1. The Hospitals and Asylums for the sick, disabled, 
and insane in any country, are the evidences of the hu- 
manity, benevolence and Christian charity of the Govern- 
ment of that country ; and we know of none, in ancient or 
modern times, where these benovolent institutions exist in 
greater number, or with greater efficiency than in the 
United States. They have been established by the general 
Government, and by the several State Governments ; by 
charitable societies, and by individuals ; not only for the 
sick and infirm, but for the blind, the deaf, the insane and 
the idiotic. We do not propose to go into any general 
history or description of these institutions, but only to no- 
tice those established by the United States Government, 
and now under its control, in order to show its care for 
those who have served their country, but are unable to 
provide for their wants. 

2. The Hospitals and Asylums for sick and disabled 
soldiers and seamen, are located in different parts of the 
country ; and in such places as are the most accessible 
and convenient to those who are under the necessity of 
retiring to these places of refuge. 

The United States have established four kinds of these 



HOSPITALS AND ASYLUMS. 277 

institutions ; principally for the relief of their soldiers and 
seamen. The first of these are the 

MARINE HOSPITALS. 

3. These are located near important sea ports. At 
these places seamen depart for, and arrive from their voy- 
ages, and are found in the greatest numbers; and here the 
funds for the support of the Marine Hospitals are collected, 
as is the tonnage upon ships, viz., by the collectors of the 
ports For this purpose, the law authorizes the collectors 
of customs to demand and receive the sum of twenty cents 
per month from the wages of every sailor ; and every 
master of a vessel is obliged to render to the Collector 
an accurate account of the number of seamen on board 
his vessel, and of the time they have been employed by 
him, since his last entry into any port of the United States. 
These twenty cents the captain must pay the collector ; 
but he is allowed to deduct it from each seaman's wages. 
In this manner the funds for the building, furnishing and 
support of the marine hospitals are raised. The collectors 
of the ports pay them into the United States Treasury, 
and the Treasurer disburses them to the directors of the 
Hospitals as they are needed. The directors arc appointed 
by the President. They appropriate the funds and have 
the general direction and management of the institutions. 

4. These provisions are contained in an act, entitled 
" An act for the relief of sick and disabled seamen," j^assed 
in 1798. Seamen, whether in the merchant service or in 
the naval service of the United States, were indiscrim- 
inately taxed for the support of these hospitals ; and both 
had the same rights, privileges and benefits in them. The 



278 OUTLINES OF U. S. GOVERNMENT. ' 

money thus collected from seamen is called " Hospital 
money," and the fund is denominated " the Marine Hos- 
pital Fund." In 1864, there were 2-t Marine Hospitals in 
the United States. 

KAVY HOSPITAL. 

5. In 1811, an act was passed to establish Navy Hos- 
pitals, for the exclusive use of such seamen as belonged 
to the Navy. This new institution was at first placed 
under the management of a Board of Commissioners 
known as the Commissioners of Navy Hospitals. This 
commission consisted of the Secretaries of the Navy, 
Treasury and War. But in 1832 this was changed; and 
the Secretary of the Navy was made sole trustee of the 
Navy Hospital Fund, which was made up of $50,000 ap- 
propriated by Congress for that purpose, together with 
twenty cents per month collected from seamen belonging 
to the navy, and the fines imposed on navy officers, sea- 
men and marines. 

6. The Commissioners were authorized to purchase, or 
erect suitable buildings for Navy Hospitals. 

We need not go further in our remarks upon this in- 
stitution, for in all their objects and purposes, they are so 
similar to these of the Marine Hospitals just described, 
that anything further would be little more than repetition. 

MILITARY ASYLUMS. 

7. In 1851, Congress passed an act for the establishment 
of Military Asylums, for the purpose making the same 
provisions for wounded -and disabled soldiers as had al- 
ready been made for that class of seamen. These institutions 



HOSPITALS AND ASYLUMS. 279 

are located in different sections of the country , where deemed 
most eligible and convenient for those who need such a 
refuge. They are placed under the government of a 
Board of Commissioners, consisting of the General in Chief, 
and eight other military officers of high rank, who submit 
their acts to the Secretary of War for his approval. 

8. The officers of these asylums must be taken from 
the Army, and consist of a Governor, a deputy Govenor and 
Secretary, who is also Treasurer. The funds for their sup- 
port are raised by a tax of 25 cents per month on the 
soldiers, to which are added the fines and penalties 
adjudged against soldiers by courts-martial, with forfeitures 
for desertion, &c. 

Persons receiving pensions from the Government mny 
be admitted into these asylums upon condition that they 
surrender their pensions to the use of the institution while 
they remain in it. 

The Commissioners are authorized to buy sites and 
buildings for these institutions, and to receive donations 
of them. They also furnish them with whatever is neces- 
sary for the comfort of the inmates, and make such laws 
and regulations for their government as they deem 
proper. 

Deserters, mutineers, and habitual durnkards, are 
excluded from the benefits of these asylums. 

INSANE ASYLUM. 

9. Among these benevolent institutions provided by a 
generous Government for the support of those who have 
faithfully served their country, the Insane Asylum ought 
to be noticed. The title of this establishment is " The 



280 OUTLINES OF U. S. GOVERNMENT. 

Government Hospital for the Insane." Its objects are the 
cure and kind treatment of the Insane of the Army and 
Navy, and of the District of Columbia. It is under the 
control of a Board of nine visitors, all of whom must be 
citizens of the said District. They are appointed by the 
President, and annually report to the Secretary of the 
Interior, the state and condition of the Asylum and its 
inmates. They serve without compensation. 

10. But the Superintendent, who must be a physician, 
receives $2,000 per annum for his services. There is a farm 
attached to the Asylum which, is under the direction of the 
Superintendent, who receives patients upon the order of 
the Secretary of the Army or Navy, and upon the order 
of the Secretary of the Interior. He may receive indigent 
insane persons residing in the District of Columbia. If 
others than indigent persons are admitted, they must pay 
for the privilege, a sum not less than the cost of their 
support. 

11. The foregoing might suffice for what we have to 
say upon these Government establishments, because it in- 
cludes all which are of a permanent character, all that are 
permanent institutions, designed to be in perpetual opera- 
tion, and very different from the military hospitals in time 
of war. These are for temporary purposes, and are 
established wherever the army happens to be, and 
especially near where the great battles have been fought, 
that immediate relief may be given to the sick and 
wounded. These are established by the commanders of 
the army, and are under their control, And here let it be 
recorded to their praise, that since military hospitals were 



HOSPITALS AND ASYLUMS. 281 

known, never have any been seen which for order, cleanli- 
ness and efficiency in administering to the comfort and 
care of the sick and wounded soldiers surpassed those of 
the United States during the late civil war. 



282 



OUTLINES OF U. S. GOVERNMENT. 



CHAPTER LXXL 



COMMISSIONER OF PUBLIC BUILDINGS. 



1. The buildings at Washington belonging to the 
United States, are the grandest, the largest and the most 
expensive in the country. The Capitol, in which Congress 
meets, is the largest and most expensive building ever 
erected on the continent, and is surpassed by few in. the 
world. The Treasury building, the General Post Office, 
and the House in which the President lives, are all splen- 
did structures, as are also many others devoted to the 
transaction of public business. 

2. These all require repairs, alterations, care and over- 
sight, that they may be preserved and kept in order. 
The duty of superintendence of these public buildings was 
formerly placed in the hands of three Commissioners and 
a superintendent of public buildings. 

But in 1816, an act was j;>assed by which the offices of 
Superintendent and three Commissioners were abol- 
ished, and their duties all put into the hands of one man, 
who is denominated " the Commissioner of Public Build- 
ings." He is appointed by the President and Senate, and 
can hold no other office under the United States. He must 
give bonds for the faithful performance of his duties and 
must reside near the Capitol. In the discharge of his du- 



COMMISSIONER OF PUBLIC BUILDINGS. 283 

lies ho acts under the direction of the President, and the 
presiding officers of the two Houses of Congress. 

3. It is made his duty to report to Congress at the com- 
mencement of each session, the manner in which all ap- 
propriations for thd public buildings have been applied, 
the condition they are in, together with that of the public 
grounds, and also to report the means necessary for their 
preservation. It is his duty to take charge of and to sup- 
erintend all the buildings beloncrinsc to the United States 
in Washington, and to perform all such duties as the laws 
from time to time may require of him. 



284 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER LXXII. 

CONGRESSIONAL AND LAW LIBRARY. 

1. Tn the Capitol, there is a large library, consisting of 
two parts ; one part called the Congressional library, the 
other, the Law Library. The latter is made a part of the 
former by an act of Congress. Both are subject to the 
same laws and rules, and both are supported by appro- 
priations made by Congress. This institution bearing the 
title of " Congressional Library," might lead to the sup- 
position that it was established for the exclusive use of 
Congress. But this is not so. Its use has been extended 
to the judges of the Supreme Court ; to all the heads of 
departments, to the Attorney General ; to all the members 
of the Diplomatic Corps, (foreign ministers) ; to the Sec- 
retary of the Senate, to the Clerk of the House of Represen- 
tatives, to the Chaplains of Congress, all ex-Presidents 
and to the solicitor of the Treasury. 

2. It has a librarian, — appointed by the President and Se- 
nate, — who is allowed to appoint two assistants. No book 
or map is allowed to be taken out of the library by any 
person, except the President, Vice-President, members of 
the Senate and of the House of Representatives. 

3. Here are kept all the laws which have ever been en- 
acted by Congress, together with a record of all its pro- 
ceedings, the laws of all the different States, with many of 






CONGRESSIONAL LIBRARY. 285 

those of foreign countries ; also a large collection of books 
on promiscuous subjects, useful to members of Congress, 
and to those who have to administer the Government. 
No where else can so complete a history of the acts and 
proceedings of the Government be found, as in the Con- 
gressional Library at "Washington. 

This institution dates back to the year 1800 ; when an 
act was passed making the first appropriation of $5,000 
for its establishment. The books purchased with this 
$5,000, with those belonging to both Houses were placed 
together, and thus this library was commenced. 



286 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER LXXIIL 

The Official Register. 

1. Congress in 1816, passed an act authorising and re- 
quiring the Secretary of State, once in two years, to print 
and publish a book called " The Official Register," in 
which he was ordered to register the names of every 
officer and agent of the Government, in the civil, military 
and naval departments, including cadets and midshipmen, 
together with the compensation received by each ; the 
names of the State and county where born ; and the name 
of the place where employed, whether at home or abroad. 

To the list of persons employed in the navy depart- 
ment, the Secretary of the Navy is required to subjoin the 
names, force and condition of all the ships and vessels 
belonging to the ,United States, and when and where 
built. 

This work has been published and distributed, as the 
law directs, ever since the passage of the act, and is 
sometimes denominated u The Blue Book." It is a very- 
convenient and useful publication, as it shows in compact 
form the whole official force of the Government in each 
department, together with the cost of maintaining it. 

So small a number of this work is published that but few, 
except officials, ever see it. It can be found in the Con- 
gressional Library at Washington, where 25 copies of 
each edition are deposited. 



GOVERNMENT PRINTING OFFICE. 287 



CHAPTER LXXIV. 

THE GOVERNMENT PRINTING OFFICE. 

1. But few people have any adequate idea of the 
enormous amount of printing done by the Government. 
All the proceedings of both Houses of Congress are 
printed; all the laws are printed; and hundreds of 
bills which are never passed into laws are printed. The 
President's messages, and all the reports of the heads of 
departments and Bureaus ; the reports and commissions of 
Army and Navy officers, of investigating committees, of 
various superintendents, agents, and Government em- 
ployees, and a multitude of other things quite too tedious 
to enumerate, are all printed in great numbers,— often 
reaching thousands of copies. It is easily understood, 
that the Government printing is a heavy item in its ex- 
penses ; and everybody knows it is much heavier than it 
ought to be. The people are taxed to pay for mountains 
of books and documents that are never read, and in which 
the public feel little or no interest. 

2. Until 1860, the Government hired men to do this 
work, and a printer was employed by each House of 
Congress. But great complaints were made of the enor- 
mous expense to which the country was subjected in this 
item of its expenditures ; and at the date named, Congress 
passed an act establishing a Government printing office, 



288 OUTLINES OF U. S. GOVERNMENT. 

to be under the direction of a superintendent of public 
printing. The sum of $150,000 was appropriated for the 
purchase of the necessary buildings, machinery, and 
materials for the purpose. By the provisions of the act it 
was made the Superintendent's duty to overlook all the 
public printing and binding, not only of Congress, but of 
all the departments, and of the United States Courts ; to 
purchase all necessary materials and to employ all the 
workmen required. And that Congress may know how 
the establishment is conducted and at what expense, the 
Superintendent is required to report to Congress at the 
commencement of every session, the work done, the num- 
ber of hands employed, and the exact state and condition 
of the establishment. He is prohibited from paying more 
for work done in this office than is given for the same 
services in private printing offices in Washington. 

3. The Superintendent is also charged with the duty of 
procuring all blank books, maps, drawings, diagrams, 
views and charts, which may be ordered by Congress, or 
by the heads of departments and bureaus. But the 
Superintendent himself is not left to act always as he may 
think proper, for in many cases he must have the approval 
of the joint committee on printing of both Houses of Con- 
gress. 

We have given a brief but comprehensive view of this 
Government establishment. Whether it will answer the 
purposes of its creation, and prove to be a means of saving 
to the Government, remains to be seen. 

4. If it should be successful, the people may congratulate 
themselves that one change has been made for the better, 
and that one effort to curtail taxation, and to lessen the 






GOVERNMENT PRINTING OFFICE. 289 

public expenses, has been accomplished. Among the 
causes which may produce the overthrow of our Govern- 
ment, few are more dangerous than the reckless extrava- 
gance with which our rulers appropriate and spend the 
public monies, seeming to ignore or forget the fact, that 
extravagance in public expenditures falls with crushing 
weight on the laboring classes, who always pay directly 
or indirectly the greater portion of the expenses of 
Government. 



290 



OUTLINES OF U. S. GOVERNMENT. 



CHAPTER LXXV. 
Prisons. 



1. Although Congress has passed laws for the punish- 
ment of almost every crime which has ever been punish- 
able by the laws of any civilized nation, and has pre- 
scribed various kinds of punishment for different crimes,' 
such as fines, imprisonment, and death by hanging, 
imprisonment is by far the most common. Yet we find 
nothing in the laws to show — nor have we ever known — 
that the United States have ever built a prison or directed 
one to be built ; although thousands have been put in 
prison for violations of the United States laws. But how 
is this done when they have no prisons ? The answer is, 
that they use the prisons of the States wherever they will 
allow it. This arrangement between the general and 
State Government has been made in nearly if not all the 
States ; the United States paying for the support of their 
prisoners. 

2. But in case any State should refuse to make such an 
agreement, the United States Marshal of any district 
where a prisoner is to be confined, is authorized to pro- 
cure some building where the prisoners may be safely 
confined in the district where they have been tried and 
convicted, or where they have been arrested and are held 
lor trial. 



PRISONS. 291 



This is a far more economical plan than it would be 
for the United States to build prisons all over the coun- 
try, and then to employ keepers of them. It exemplifies 
the friendly relations existing between the States and the 
General Government. 



292 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER LXXVI. 

Agriculture. 

1. In May, 1862, Congress passed an act, the two 
first sections of which read as follows : 

Sec. 1. "There is hereby established at the seat of 
Government of the United States, a department of agricul-. 
ture ; the general designs and duties of which shall be to 
acquire and diffuse among the people of the United States, 
useful information on subjects connected with agriculture, 
in the most general and comprehensive s-ense of that word, 
and to procure, propagate and distribute among the people 
new and valuable seeds and plants;" 

Sec. 2. "There shall be appointed by the President, by 
and with the advice and consent of the Senate, a Com- 
missioner of Agriculture, who shall be the chief executive 
officer of the department of agriculture ; who shall hold 
his office by a tenure similar to that of other civil officers 
appointed by the President, and who shall receive for his 
compensation a salary of three thousand dollars per 



annum." 



2. We have inserted these two sections of this law, be- 
cause we could not by any language of our own, 
convey any better idea of the objects and purposes for 
which this hew department was created. In the language 
of the law it is called a department, but as its head ranks 









AGRICULTURE. 293 

no higher than a commissioner, we think it would be more 
properly styled, a Bureau of the Department of the 
Interior. 

3. The duties of the head of this bureau are to acquire 
and preserve in his department, all the information concern- 
ing agriculture which he can obtain by means of books, 
correspondence and experiments. For this latter purpose a 
propagating garden is provided for his use. He is also to 
collect as many new seeds and plants as he is able to ob- 
tain, to test their value by cultivation, and then to dis- 
tribute them among agriculturists. lie superintends the 
expenditure of all money appropriated by Congress to the 
department, and reports the same annually to Congress, 
together with his acts, experiments, &c. 

He has power to appoint a chief clerk and such other 
subordinates as Congress may deem necessary. The 
commissioner and his chief clerk both give bonds for the 
right appropriation of all monies received by them, and 
for the faithful performance of their respective duties. 

This bureau is yet in its infancy. Sufficient time has 
not elapsed for its development or to show the results of 
its experiments. It will undoubtedly become an import- 
ant and useful institution hereafter. 



294 OUTLINES OF U. S. GOVERNMENT, 



CHAPTER LXXVII. 
Indians. 

1. Every one acquainted with the history of America, 
knows that when first discovered by Christopher Colum- 
bus in 1492, the whole Continent, — North, as well as 
South, — was peopled with Indians. They were the abori- 
gines, or first inhabitants of the country ; and according 
to the recognized rules and usages of the world, they 
were the owners of the soil. This right has been ad- 
mitted by our Government, and hence we have purchased 
these lands at such prices as were agreed upon by the two 
parties. The Indians placed a lower value upon them 
than the whites ; for with the exception of small patches 
here and there, which they cultivated for corn and 
tobacco, they made no use of their lands except for hunt- 
ing grounds ; while the whites wanted them for cultiva- 
tion. In this way the whites have become the possessors 
of nearly all the land once owned by the Indians, whose 
possessions are now very small. 

2. Their idle habits, their frequent wars among them- 
selves, and the wars with the whites growing out of their 
murderous propensities, have almost exterminated the 
whole race. There is now but a small remnant left of 
what was — 200 years ago — a mighty host. Many of 
these tribes have become entirely extinct, others are nearly 



INDIANS. 295 

so ; and scared y one of them is found whose numbers are 
not greatly diminished. It is melancholy to contemplate 
the fate of these poor savages. As nearly as can be as- 
certained, there arc not more than about 300,000 of them 
left in the United States. These are mostly to be found 
west of the Mississippi river, and stretching thence to the 
shores of the Pacific. A few of them have remained among 
the whites, and become civilized ; but most of them have 
kept aloof from civilization, preferring their wandering 
habits, and relying on hunting and fishing for subsistence. 
They do not admit themselves to be citizens of our 
Government, neither do we claim them as such, nor do we 
exercise any jnrisdiction or authority over them, except 
for the perpetration of crimes. We treat them as foreign- 
ers, — not as citizens ; — and hence we make treaties with 
them as we do with foreign nations. 

3. Our treaties with them have related principally to 
the purchase of lands and to stipulations of amity and 
friendship between us. But they are sometimes treacher- 
ous, and do not act towards us as they have agreed to do. 
This has led to a number of wars between us and them ; 
the fault of which has not always been on the side of the 
Indians. The whites have often treated them badly; 
have often cheated them, and killed them ; and this has 
led to some of the tears ice have mentioned. 

4. The preceding remarks might have been omitted in 
a work of this kind ; had they not seemed to be appro- 
priate as an introduction to the notice we ought to take 
of the numerous treaties with the Indians, the officers 
and agents of the Government, in making and carrying 



296 OUTLINES OF U. S. GOVERNMENT. 

out those treaties, and of the numerous laws passed by- 
Congress in relation to Indians and Indian affairs. 

5. The Indians are unlearned, ignorant and barbarous. 
It has required a great deal of wisdom and good man- 
agement on the part of the Government, to keep on good 
terms with them, and to prevent them from murdering the 
whites, or from stealing their property, where they have 
settled near them. The United States have also restrained 
our own citizens from purchasing their lands, from trading 
with them, and especially from selling them intoxicating 
liquors, of which they are very fond. If these negotiations 
were allowed between them and the whites, the Indians 
would, in numerous instances, be overreached, and cheated 
by unscrupulous and dishonest white men. This would 
lead to murders and wars, for an Indian seems to have no 
idea of redress for a wrong done to him, other than that of 
killing the wrong doer. The Government, through its 
agents, buys their lands, and pays them in money or in 
goods, according to the terms of the treaty. Hence, the 
necessity of Government officers appointed to execute the 
laws relating to Indians and Indian affairs. 

6. There is in the War Department a Bureau for this 
express purpose, the head of which is called the 

COMMISSIONER OF INDIAN AFFAIRS. 

He is appointed by the President and Senate, and performs 
his duties under the direction of the Secretary of War. 

In addition to this officer, there are superintendents of 
Indian affairs, and Indian agents, over whom the superin- 
tendents exercise a directing power. These superintend- 






INDIANS'. 297 

encies and agencies are not permanent establishments, but 
are continued as long as any considerable number of 
Indians remain near the agency. When they have sold 
their lands and removed farther west, the agency is dis- 
continued, or removed to the place where the Indians have 
located themselves. 

The President may discontinue any Indian agency when- 
ever he thinks it expedient to do so. 

7. The Bureau of Indian Affairs, we have said, was 
attached to the War Department, but after the establish- 
ment of the Department of the Interior, in 1849, it was 
detached from the War Department and attached to that 
of the Interior, the Secretary of which exercises supervis- 
ory power over it. 

8. As before stated, the Indians are not citizens of the 
United States. They have no representatives in Congress, 
and in adjusting the number of representatives to which 
any State is entitled from the number of its inhabitants, 
the Indians (excepting a few who are taxed) are not 
counted. The Government has exercised parental care 
over them in endeavors to prevent them from warring upon 
each other, and to induce them to adopt the habits of 
civilized life ; in the payments made for their lands, in the 
pains it has taken to furnish them with agricultural and 
mechanical implements ; in the employment of mechanics 
and teachers to reside among: them and to instruct them in 
science and the mechanical arts. It also employs inter- 
preters, for but few of them can speak the English lan- 
guage. 

9. The superintendents and agents, if so directed by the 
President, make treaties of amity and friendship with them, 



298 OUTLINES OF U. S. GOVERNMENT. 

and for the purchase of their lands. The Government 
does not allow citizens or foreigners to reside among them 
or to trade with them, without a license ; and for the pur- 
pose of keeping on friendly terms with them, it often 
makes valuable presents of such articles as they need. 

10. Superintendents and agents are appointed for four 
years ; give bonds for the faithful performance of their 
duties, and report and account to the Department of the 
Interior for the money and goods paid to and distributed 
among the Indians. 

INDIAN FUNDS AND INDIAN ANNUITIES.' 

11. In order to prevent them from squandering their 
money for rum and useless trinkets, and to save them from 
being cheated by dishonest traders, the United States 
Government have invested the money paid for their lands, 
in sound and safe stocks and annually pay them the in- 
terest through its superintendents and agents. The 
disbursement of this interest, called Indian annuities^ 
among the different tribes and individuals to whom it be- 
longs, is an important part of the duties of these Govern- 
ment agents. 






PASSPORTS. 299 



CHAPTER LXXVIII. 
Passports. 

1. Passports are one of the devices or means used by 
Governments to protect their citizens when in foreion 
countries. They are written documents, issued and signed 
by an authorized agent of the Government which gives 
them. The design of a passport is. First ; to give authen- 
tic information to whom it may concern, to what nation 
the bearer of the passport belongs ; and second, to protect 
{rim, and to secure to him all the rights and privileges 
which the Government has a right to claim for its citizens 
by virtue of any treaty of amity and friendship existing 
between it and the country whither its citizens may go. 

The passport informs the world that the bearer of it is a 
citizen of the United States, and that he travels under 
its protection, and that it would demand, and exact, satis- 
faction of any one who wronged or injured him who bears 
such credentials. 

2. In the United States, the Secretary of State is the 
officer authorized by law to issue passports. He has the 
authority also to cause them to be issued in foreign coun- 
tries by our Foreign Ministers and Consuls, under such 
restrictions and rules as maybe designatedby the President. 
This is allowed as a matter of convenience to our citizens 
who happen to be in foreign countries without them; 



300 OUTLINES OF U. S. GOVERNMENT. 

who need their protection, and who would be subjected 
to much delay and expense, by going or sending home, to 
to procure them. 

Passports are not granted to any other than citizens of 
the United States, whether issued by the Secretary, or by 
any diplomatic or consular agent of our Government. 

3. Besides these passports, which are given only to our 
own citizens when in foreign countries, or who intend to 
go there, there is another kind issued to foreigners who 
wish to go among the Indians in the Indian Territory, or 
on the Indian reservations a Indeed our own citizens are 
not allowed to go among them without permission. But 
foreigners cannot go without a passport from the Secre- 
tary of War ; which specifies the route over which the 
bearer must pass, and the length of time he is allowed to 
remain among them. This is done to prevent unfriendly 
foreigners from fomenting mischief, or from exciting un- 
kind feelings towards our Government or people. Such 
unfriendly feelings have been created by foreigners, and 
we have often experienced the bitter fruits of it, espe- 
cially in times of war. 

4. Still another kind of passports is used in this country, 
and should be noticed under this head. They are pass- 
ports for American ships or vessels. When they are 
about to sail for a foreign port, the laws of the United 
States require each to procure one, under a penalty or 
fine of two hundred dollars upon the master, if he departs 
from the United States for a foreign country (other than 
some port in America), without it. The passport is pre- 
pared by the Secretary of State and is approved by the 



PASSPORTS. 301 

President. This is given to the master by the collector of 
the port from which the vessel sails, and is one of the ship's 
papers, by which her nationality is known, and her pro- 
tection shown to be that of the United States, 



302 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER LXXIX. 

Reports. 

1. As Congress is the law making power of the Govern- 
ment and legislates for every department thereof, assign- 
ing such business to each as it deems proper, giving 
directions, and prescribing the duties of all the Govern- 
ment officials, agents, commissioners and employees, 
nothing is more obvious than that it should be kept well 
informed and advised of what has been done in each 
department and bureau ; and by every head, or principal 
officer and agent of the Government wherever employed. 
And for this purpose, it is enacted, that the Secretaries of 
State, Treasury, War, Navy, Interior, and Post-master 
General, together with the commissioners of the 
different bureaus, and boards attached to these depart- 
ments, shall annually report to Congress. Heads of 
departments report directly to Congress. So do many of 
the commissioners who are at the head of bureaus. Boards 
report to the heads of departments to which they are 
attached. 

2. In this way Congress is kept advised of whatever is 
done in every department, bureau, or board, to which any 
of the public business is entrusted. These reports not 
only furnish the law-making power with such information 
as it needs, but serves as a check to any official miscon- 



REPORTS. 303 

duct. The annual reports of the Secretaries of the 
Treasury, War, and Navy, together with that of the Post- 
master General, arc State papers which rank in importance 
next to the annual message of the President. To them 
the people look for a detailed account of the state and 
condition of those great departments over which these 
Secretaries preside, and which so materially affect the 
pecuniary and other great interests of the nation. 

3. The foregoing remarks upon reports, may not be 
considered of sufficient importance to deserve an insertion 
here, but they throw some light upon the movements of 
the machinery by which the Government is operated, and 
show how officials are held responsible to the superior 
power. 

In this connection we may notice another kind of re- 
ports, which come from another source. After each 
Congress has convened and organized, the President of the 
Senate, and the Speaker of the House, appoint what are 
denominated the Standing Committees of each of these 
bodies. 

When bills are presented to be passed into laws, or 
petitions arc sent in, they are always referred to the ap- 
propriate committee, which examine thein and then report 
to the body (of the Senate or House) their conclusions upon 
the merits or demerits, propriety or impropriety, of grant- 
ing the petition, or of passing the bill under consideration. 

These reports generally govern the action of Congress 
when they come to vote upon the passage of the law. But 
this is not always the case, the body of either house may 
think differently from its committee and act contrary to 
its recommendations. 



304 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER LXXX. 
Commissioners. 

K 

1. In the history and laws of the United States, the 
word Commissioners occurs so frequently, that it may add 
something to the utility of our work to make a few re- 
marks about them, to show their relations to the Govern- 
ment, when acting either in permanently established 
official positions, or as temporary agents. 

In the first place, they act as heads of bureaus in the 
various departments. These bureaus, with their Commis- 
sioners at their heads, are permanent sub-departments and 
officials of the Government, established and provided for 
by law ; such are the Commissioners of the Land office, 
Patent Office, Pension Office, &c, &c. 

2. In the second place, they can hardly be considered 
officers, but rather temporary or special agents. In the 
multifarious duties devolving upon Congress, *the Presi* 
dent, and all the departments, it not unfrequently haj>- 
pens that it is impracticable for them to do certain things, 
necessary to be done. The business to be transacted ma; 
be at a great distance from the capitol, even in a foreign 
country. In these cases Commissioners are appointed to do 
such business. They have been appointed to negotiate a 
peace, to make treaties of various kinds between us and 
other powers, and to negotiate with the Indians for the 




COMMISSIONERS. 305 

purchase of their lands. The United States courts ap- 
point them to take bail, or to take testimony to be used 
on trial*, and to do various other things necessary in trials 
and proceedings before them. 

Congress frequently appoints commissioners to obtain 
information, or to investigate some matter on which they 
expect to legislate. In all cases they must report their 
proceedings, either to Congress, to the President, or to 
the head of the department under whose instructions they 
act. Permanent commissioners report once a year, or 
oftencr if required, that Congress may know the condi- 
tion of affairs in their respective bureau-. Special Com- 
missioners, after they have performed the work assigned, 
make their report ; after which their duties cease, and their 
commission c.ines to an end. 

3. The foregoing may be thought too simple and too 
well understood to require any description. This is so, 
as it regards intelligent adults ; but it should be borne in 
mind, that these pages are written with special reference 
to the youth of the country, who do not understand them. 

It should be added that the lowest grade of diplomatic 
agents, who represent our Government to some of the 
most inferior powers, are called Commissioners. We are 
thus represented at the present time in the Republics of 
Hayti and Liberia. 

4. By recent acts of Congress, the powers of Commis- 
sioners in some cases have been enlarged. They now ex- 
amine persons charged with crimes against the laws of the 
United States; hold them to bail, discharge them, or com- 
mit them to prison; and do other magisterial acts, pre- 
liminary to the trial of the accused. When acting hi such 
cases they are clothed with some of the powers of a court. 



306 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER LXXXI. 

Religion. 

1. The people of the United States glory in the fact 
that in their country there is no religion established by 
law, as in England, and several other countries. Where 
this is the case, no other than the one established by law 
is tolerated ; or if tolerated, special favors and benefits are 
conferred on the national church, at the expense of all 
others. 

We enjoy complete religious freedom, and probably 
always shall. The constitution guarantees this, in the 
following words; — " Congress shall make no law respect- 1 
ing an establishment of religion, or prohibiting the free 
exercise thereof." 

In another place it says, " That no religious test shall 
ever be required as a qualification to any office, or public 
trust, under the United States." 

What power in a few words ! These words in our con- 
stitution have been, and will be of inestimable value, to our 
country ; for they have greatly increased its population and 
wealth. This feature of our Government has caused thou- 
sands to immigrate to the United States, where they will 
neither be persecuted nor taxed, to support a church in 
which they do not believe. Everybody is left to worship 
when and where and as he pleases. This is called relig- 



RELIGION. 



307 



ious liberty, and is as it ought to be. True Christianity 
never required the support of the State , and where it has 
been given, it has invariably been corrupted We hope the 
day is not far off, when every government on earth will 
follow our example in this respect. 



308 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER LXXXIL 

Proclamations. 

1. A proclamation is an official notice given by one 
high in authority, for the purpose of giving reliable and 
authoritative information to the people, that something 
has been done, or will soon be done, which is important for 
them to know, that they may act, or refrain from acting ac- 
cording to the information contained in the proclamation. 
These proclamations are made known to the country 
through the best and most extensive channels of information 
that can be used for conveying intelligence to everybody 
in the realm. In our day, and in our country, the news_ 
papers are the best means that can be used for this purpose. 
But in ancient times, and before the art of printing was 
known, swift riders or runners were dispatched to every 
part of the kingdom or country over which the proclama- 
tion was to be made known. These messengers carried it 
with them, and proclaimed it in the ears of all the people. 

We have made these general remarks about proclama- 
tions for the purpose of introducing the following obser- 
vations upon those official papers so often issued by the 
President, and also by the Governors of the respective 
States. These, as above stated, are for the purpose of giv- 
ing important information to the people. It is now the 
custom of the Executive to designate some day selected 



PROCLAMATIONS. 309 

by him as a day of thanksgiving, recommending the day 
to be observed in a religious manner, in acknowledgment 
of God's favors to us as a nation. This is made known to the 
people by a proclamation of the President. A day of 
fasting and prayer is sometimes designated and proclaimed 
in the same way. Important changes in the commercial 
affairs between us and some foreign country are made 
known by the same method. 

3. A memorable proclamation was made by President 
Lincoln, in 18G2, by which he made known to the country, 
and especially to the Southern States, that if they con- 
tinued their war against the United States for one hundred 
days after its issuance, he would then, in virtue of his 
authority as Commander-in-Chief of the Army and Navy, 
liberate the slaves in all the seceded States At the expira- 
tion of the time, which was on thefirst of January, 1863, lie 
issued another proclamation, in and by which, he did eman- 
cipate all the slaves in every State which had rebelled 
against the United States Government. 

The blockading of our ports at the commencement of 
the civil war, and the imposition of an embargo upon our 
Bhipping, previous to the last war with England, were 
both subjects which brought out proclamations from the 
President who then filled the Executive Chair. 

4. The above examples show the character of cases 
which cause proclamations to be issued. In some instan- 
ces they have the authority of law ; in others they are 
merely recommendations ; and in others they only commu- 
nicate important intelligence in regard to our public affairs 
at home or abroad. 



o 



10 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER LXXXIII/ 
Treason. 

1. We do not propose in this work to treat of crimes 
generally. But treason, which is a great crime, and 
which aims at the existence, or at the peace of the 
Government, may with propriety be briefly noticed in 
a work of this kind. 

The Constitution itself defines treason in these words 
(see article 3, section 3) : " Treason against the United i 
States shall consist only in levying war against them, 
or in adhering to their enemies, giving them aid and 
comfort." Then an act of Congress, passed '«n the 
30th of April, 1790, approved and signed by Washing- 
ton, again defines it in nearly the same words, and 
makes the penalty therefor to be death by hanging. 

2. By another act passed 17th July, 1862, it was made 
discretionary with the court trying the case to put the 
offender to death, or to imprison him for not less than 
five years, and to fine him for a sum not less than ten 
thousand dollars. The penalty for this crime, even in its 
mildest form, is very severe ; thus showing how atrocious 
this offence is considered. 

3. None but a person owing allegiance to the United 
States can commit treason against them. The same 



TREASON. 



311 



acts which would be treason in a citizen would not be 
treason if perpetrated by a foreigner. 

"Misprision of treason" is the concealment of it by a 
person who knows it has been committed. This also is 
a grave offence, and is punishable by a seven years' im- 
prisonment, and a fine not exceeding one thousand dol- 
lars. 

4. Any person tried for treason, must be indicted by 
a grand jury ; and then tried by a petit jury in the Cir- 
cuit Court of the United States within three years after 
the crime has been committed ; otherwise it is barred 
by limitation — or, in other words, outlawed. 



312 



OUTLINES OF U. S. GOVERNMENT. 



CHAPTER LXXXIV. 
Impeachment. 

1. In the second article, section four, of the Constitu- 
tion, these words are found : "The President, Yice- 
President, and all civil officers of the United States, 
shall be removed from office on impeachment for, and 
conviction of, treason, bribery, or other high crimes and 
misdemeanors." 

2. Impeachment is a procedure against office-holders 
only, for the purpose of removing them from office. It 
inflicts no other punishment ; but the guilty party may 
afterwards be prosecuted for his crime in a court of 
law, and punished in such a manner as the law directs. 

3. The Constitution gives the House of Representa- 
tives the sole power of impeachment. Its action, how- 
ever, is not final. Its proceeding in cases of impeach- 
ment are analagous to an indictment by a grand jury. 

It simply charges that the official has committed a 
crime for which he should be tried, and removed from 
office if found guilty. 

4. The Senate alone has the power to try the accused 
party. When trying a case of impeachment it acts as 
a court, and from its decision there is no appeal. The 
President cannot pardon a criminal who has been im- 
peached. When the President of the United States is 






IMPEACHMENT. 



313 



tried, the Chief Justice of the Supreme Court presides, 
but in no other case. No person can be convicted in a 
trial of impeachment, unless two-thirds of the Senate 
concur in finding the accused guilty of the alleged 
offence. 



314 OUTLINES OF U. S. GOVERNMENT. 



CHAPTEE LXXXV. 

Missouri Compromise. 

1 We should not devote a chapter to this subject any- 
more than we should to hundreds of other acts of Congress 
which need not be noticed in a work of this kind, but for 
the fact that few, if any, acts passed by that body, have 
caused so many comments or so much political discussion 
as this. It may therefore be both interesting and useful to 
state what the Missouri Compromise was, what its objects 
were, and how it came to be repealed. 

2. The act containing what has long been denominated 
the Missouri Compromise was passed on the 6th day of 
March, 1820. The object of the act was the admission of 
the State of Missouri into the Union. The Compromise 
was inserted in one of its sections, was proposed by Henry 
Clay of Kentucky, and was designed to reconcile a high 
dispute between the members of Congress on the question, 
" Shall Missouri be admitted as a free or a slave State ?" 

3. It was admitted as a slave State, but upon the con- 
dition (proviso), that in none of the Territory of the United 
States lying north of the line of 36 degrees and 30 minutes 
north latitude should slavery ever be allowed. This pro- 
viso was denominated a Compromise ; because it was 
designed to settle the vexed question as to how far north- 
ward slavery should be allowed to extend. 



MISSOURI COMPROMISE. 315 



4. It was called the " Missouri Compromise," simply 
because it was incorporated in the act of Congress which 
admitted that State into the Union. It remained in 
existence until the year 1854, thirty-four years. Dur- 
ing all that period it was looked upon as a permanent 
settlement of the boundary line between free and slave 
Territory. 

The repeal. of this act was strongly opposed by those 
who objected to the extension of slavery. It caused a 
great deal of political excitement, and was immediately 
followed by the troubles in Kansas, where the contest 
between those who wanted that State to come in free, 
and those who wanted it to be a slave State, ran so high 
as to cause not only great political commotion, but even 
bloodshed, and civil war between the contestants in that 
then new Territory. Kansas remained a Territory until 
January, 1861, when it was admitted as a State. 

5. As stated in the commencement of this article, no act 
of Congress now caused so much political discussion as 
this. It was passed to quiet a contest that shook the 
whole country ; and when it was repealed it created 
another of still greater magnitude. The Kansas imbroir- 
lio followed hard after ; and the late disastrous and bloody 
civil war came soon enough to lead many wise men into 
the opinion, that it had much to do in bringing on that 
terrible calamity. 



316 OUTLINES OF U. $. GUV Ja.lt*. AlWI. 



CHAPTER LXXXVI. 
Mason and Dixon's Line. 

1. Should any reader say that this is not pertinent to 
the subject treated of in this work, he would not be far 
out of the way ; for strictly speaking it has nothing to do 
with it. But the phrase " Mason and Dixon's Line," has 
been used in connexion with the political sayings and do- 
ings of the country so often, that it would be very nat- 
ural for any one to ask, " What is it ?" and " What is 
meant by it ?" To answer the question we reply as fol- 
lows: — Mason and Dixon's Line is not a myth nor an 
imaginary line, with no particular location. It was a real 
line, and a boundary line, located between Maryland and 
Pennsylvania ; between which two colonies there had been 
much contention and many hostile acts, amounting at 
times almost to a civil war. This arose from a dispute 
respecting the boundary lines between them. Maryland 
had been granted to Lord Baltimore, and Pennsylvania 
to William Penn. 

2. This was long before the Revolutionary war. But 
the boundary line was not accurately defined. These 
disputes caused so much trouble between the contending 
parties, that commissioners were appointed in England to 
make an accurate survey, and to determine, from the lan- 
guage used in the charters, — or grants, as they were called 



MASON AND DIXON'S LINE. 317 

in that day, — the exact boundary line between them. 
Messrs. Mason and Dixon were selected in England to 
run this line ; which they did. These men were eminent 
mathematicians and astronomers, and had the confidence 
of all parties. They performed their work so much to the 
satisfaction of all parties that the line drawn remains to 
this day. Thus was ended a long continued quarrel of 
more than 70 years' standing. 

3. But these facts did not give this line its great no- 
toriety. It arose from the circumstance that Pennsylvania 
and all the States north of it became free States, while 
Maryland and all the States south of it remained slave 
States. Mason and Dixon's line without any intention 
of making it such, became the boundary between the free 
and slave States. 

The line run by these men went no further west than 
those States extended, and was a straight line running 
east and west. But as new States were created and 
added to the original 13, some utterly refused to admit 
slavery while others did admit it. Ohio, Illinois and 
Indiana on the north, side of the Ohio river ; refused to 
admit, while Kentucky eagerly embraced it. Hence the 
Ohio river became a sort of Mason and Dixon's line : that 
is, it became the line so far as these States were concerned. 
The phrase by this time, came to mean the boundary line 
between slavery and freedom, instead of the line run by 
Mason and Dixon between Pennsylvania and Maryland. 
Thus, like many other terms in our language, they became 
far more comprehensive in their significance than they 
were in their original meaning. In the latter sense, Mason 
and Dixon's line ran wherever the boundary lines ran 



318 



OUTLINES OF U. S. GOVERNMENT. 



between free and slave States, whether east and west, 
north and south, or any other points of the compass. Jut 
the late civil war sponged out this famous line. It has 
no existence now, excepting that part of it which origin- 
ally and at present forms the boundary between Pennsyl- 
vania and Maryland. 



POLITICAL DIVISIONS. 319 



CHAPTER LXXXVIL 

POLITICAL DIVISIONS. 

i 

1. When we wish to understand the geography of our 
country, we take a map and notice its boundaries, its 
mountains, lakes, rivers, towns,* etc. 

And if we wish to understand its government we mnst 
notice how it is divided for political purposes ; first, into 
States, and then into a variety of districts. We shall find 
Congressional Districts, Judicial Districts, Collection Dis- 
tricts, Land Districts, and Light-house Districts. All these 
have their uses, and are parts of the machinery by which 
the government is operated. If it were not for the ne- 
cessity there is of frequently changing the boundaries, 
numbers, and localities of these districts, it would be use- 
ful and interesting if the United States were mapped out, 
so as to show all these political divisions at a glance, in 
the same manner as the States and counties are now 
shown. 

2. The first great division is into States. These have 
particular reference to the Constitution of the Senate and 
House of Representatives. Each State is entitled to two 
Senators, regardless of its size or population ; and to as 
many Representatives as its population will admit. Each 
State is really a Senatorial District in its relations to the 
general Government ; and as Congressmen are elected by 



320 OUTLINES OF U. S. GOVERNMENT. 

single districts, each State is sub-divided into as many 
Congressional Districts as it has Representatives in the 
lower House. But when a State has only one member of 
Congress, as is the case with several, the whole State is 
comprised in one Congressional District, 

JUDICIAL DISTRICTS. 

3. We now come to another sort of districts, made for 
an entirely different purpose. For the convenience of the 
people, the United States Courts are held in every State, 
and at different places in the same State. For this pur- 
pose the whole country is first divided into Judicial Cir- 
cuits. Several States — 3, 4, or 5 — are embraced in one 
Circuit. In all these States and at different places in them, 
a Circuit Court is held. 

4 Then comes a lower grade of Courts, called the 
United States District Courts. These also are held at 
different times and places in each State ; and for this pur- 
pose the whole country is divided into Judicial Districts, 
each State forming at least one, but some of the larger 
ones, two or three. Thus much for divisions, for Judicial 
purposes. 

COLLECTION DISTRICTS. 

5. Another class of districts has been formed, for the 
purpose of collecting the duties on imported goods. These 
are* called "Collection Districts." They extend along, 
and embrace the whole sea coast, and the shores of navi- 
gable lakes and rivers. In a few instances they are lo- 
cated inland, at points where goods may be brought into 
the United States by land. Each Collection District has 



POLITICAL DIVISIONS. 321 

a port of entry, and very often several ports of delivery ; 
also a Collector of Customs, and generally a Custom House. 

6. Another class of Collection Districts was formed dur- 
ing the late civil war. They grew out of the war, and 
were established for the collection of the tax termed the 
" Internal Revenue," which had to be levied to pay the 
war expenses. These districts differ entirely, both in 
their objects and in the Territory embraced within them, 
from those established for the purpose of collecting duties 
on imports, and correspond as far as practicable with the 
Congressional Districts in each State. 

LAND DISTRICTS. 

7. Land Districts may also be noticed among these di- 
visions. In every State and Territory where there are 
public lands for sale, after they are surveyed and mapped, 
they are divided into districts — two, three, or four, in each 
State and Territory, — as convenience and economy may 
dictate. In each district a Land Office is established for 
the sale of the lands in said district. 

LIGHT HOUSE DISTRICTS. 

8. Again, the whole of our sea coasts, both on the At- 
lantic and Pacific Oceans, together with the shores of the 
navigable lakes and rivers, are divided into 12 Lisrht 
House Districts (or their number must not exceed that\ 
for the purpose of building, repairing, illuminating and" 
superintending the light houses on all the coasts and 
shores wherever located. These are the principal divis- 
ions we have to notice. It is important to have a knowl- 
edge of them, for with such knowledge Ave can better 
understand how government affairs are conducted. 



322 OUTLINES OF U. S. GOVERNMENT, 



CHAPTEE LXXXVIIL 
District of Columbia. 

1. The District of Columbia, in regard to its size, pop- 
ulation, or political power, is one of the most insignifi- 
cant places in the United States. It is not a State or 
Territory, but a small district but ten miles square, orig- 
inally cut out of the states of Maryland and Yirginia and 
ceded to the United States as a site for the Capitol. 
Here the Capitol or house in 'which Congress meets is 
located, together with the Presidential mansion, and 
other public buildings occupied by the Government. 
Its population has grown to the present size, about 
80,000, since the year 1800, when it became the Capitol 
of the nation, and when Congress first assembled here, 
its former sessions having been held at New York and 
Philadelphia. The city which has grown up around 
the Capitol is named Washington, after the great and 
good father of his country. 

2. The people who live here occupy an anomalous 
position, for, with the exception of the political rights 
granted to them by Congress in their own local affairs, 
they have no political *power whatsoever. They cannot 
vote for President or Yice-President ; they have no 
representative in Congress, nor any voice in the enact- 
ment of the laws by which they are governed, further 
than to make their own municipal regulations as granted 



DISTRICT OP COLUMBIA. 323 

to them in the charter which Congress gave to the 
city; this they do through a Mayor and Common 
Council. They are governed by Congress, which is 
their legislature, although they have no power to send a 
single member to represent them in it. 

3. Besides the courts of Justices of the Peace, there 
are four high courts, with their judges, and other law 
officers ; first, a Circuit Court, second a District Court, 
third an Orphan's Court, and fourth a Criminal Court: 
all these must be recognised as United States Courts ; be- 
cause they were established by the laws of Congress, 
and because their judges are all appointed by the 
President and Senate, and are paid out of the United 
States Treasury. 

In saying that the District is ten miles square, 
and that it was ceded to the United States by Virginia 
and Maryland, we state what was the case up to 1846, 
when Congress re-ceded to the State of Virginia that 
part of it which formerly belonged to her. This part 
lies west of the Potomac River, and is of no use to the 
United States; as the Capitol, with all the other public 
buildings, and, indeed, the whole City of Washington, 
stand on the east side of the river, and in the part 
formerly belonging to Maryland. 

The villages of Alexandria and Georgetown were both 
included in the District; but in 1846, Alexandria, 
which stands on the west side of the Potomac, was 
thrown out by the re-cession to Virginia. 

The Capitol is one of the finest State Houses in the 
world. It has been much enlarged, and has cost nearly 
$3,000,000. 



324 OUTLINES OF U. S. GOVERNMENT, 



CHAPTER LXXXIX. 

States. 

1. As has been said in another place, people who live in 
the United States, live under two separate and distinct 
governments ; first, that of the United States, and second 
that of the particular State in which they reside. This, at 
first thought, would seem to create confusion, if not a con- 
flict of authority, and to place the citizen in doubt as to 
what law he should obey when in his own mind there 
seems to be an antagonism between the laws of the two 
governments. This is easily overcome, however, for the 
Constitution of the United States, which is paramount to 
all other law, regulates this by its own provisions. Neither 
Congress, nor the legislature of any State can make any 
law contrary to it ; and if either of these legislative 
bodies should do so, there is a power which has the au- 
thority to set any such law aside ; and that is, the United 
States Supreme Court. Its decision in regard to any 
question which may arise as to the rightful authority of 
Congress, or any State legislature is final ; there being no 
appeal from its decisions. 

This Court is the regulating power and the final resort. 
To use a mechanical figure, it keeps all the small wheels 
(the State governments), revolving within one great wheel 



STATES. 325 

(the General Government), with but little friction, and 
without any serious collision. 

2. In the preceding pages we have treated only of the 
United States Government, without any intention of ex- 
plaining the State Governments. We shall not now de- 
part from that plan, but shall mention them only in gen- 
eral terms, as parts of the great whole ; to show what 
political power they possess ; what they relinquished to 
the general Government, to what extent they are sover- 
eign powers, and how they fall short of being complete 
sovereignties. 

3. The Constitution of the United States expressly de- 
clares that Congress shall have and exercise certain pow- 
ers, and also that no State shall possess or exercise them. 

Congress has the exclusive power to lay duties on im- 
ported goods, to regulate commerce with foreign nations 
and with Indian tribes ; to pass naturalization laws, to 
coin money, to establish post offices and post roads; to 
grant patents and copyrights ; to declare war, and to do 
many other things which the States are prohibited from do- 
ing, for if invested with such powers there would be an im- 
mediate conflict of laws and unavoidable collision between 
the United States and the State Governments. 

4. Now when the several original States adopted the 
Constitution, they agreed to be governed by its provis- 
ions, and therefore conceded to Congress all the rights 
and powers therein specified ; thus relinquishing all au- 
thority to exercise them themselves. And as the new 
States came into the Union, they did the same thing. 
Hence all the States voluntarily surrendered a part of 
the powers which belong to a sovereign State. Sover- 



326 



OUTLINES OF U. S. GOVERNMENT. 



eignty implies full power to do any thing without the con- 
trol of another. The United States Government is a com- 
plete sovereignty. The States are not, because they 
agreed, for the general good of all, to surrender certain 
powers to the general Government. 

5. In everything, except these surrendered rights or 
powers, the States are sovereign. In all matters pertain- 
ing to their own domestic affairs, they enjoy full power to 
enact such laws as they please, taking care that no law, 
however, shall conflict with the Constitution of the United 
States, or with any law which Congress has the exclusive 
right to enact. 

6. The States are the first, most important, and most 
permanent of all the political divisions of the country. 
They are now in size, location, and Territorial limits, just 
what they were when first formed ; with one exception, and 
that is Virginia. When that State seceded with most of 
the other Southern States, before the late civil war, the 
people in that part of the State lying west of the Alleghany 
Mountains (nearly one half of it), refused to leave the old 
Union, seceded from the old State and organized them- 
selves into a new one, styling it West Virginia. This 
they could not do, however, without the consent of Con- 
gress ; but this was readily given, the division was con- 
summated and a new State was carved out of an old one. 
This is the first, and thus far, the only instance in which 
this has been done 

In the following chapter we give the several States in 
alphabetical order, making it easy to turn to them, and to 
find any desired information contained in the brief sum 
mary of facts relating to each. 



INDIVIDUAL STATES. 



327 



CHAPTER XC. 



Individual States. 




ALABAMA. 



Alabama was admitted into the Union of States, Dec. 
14th, 1819, and made the twenty-second State. 

It has an area of 50,722 square miles, equal to 32,4G2,- 
080 acres, and had a population in 1860 of 964,201, by 
which she was entitled to 6 Representatives in Congress. 

It forms a part of the Fifth Judicial Circuit, and is 
divided into three Judicial Districts, viz., Northern, Mid- 
dle, and Southern Districts of Alabama. 

It has one port of entry, to wit, Mobile, and two ports 
of delivery, viz., Tuscumbia and Selma. 

The Capitol of the State is Montgomery. 



328 OUTLINES OF U. S. GOVERNMENT. 

The State election is held on the first Monday in August. 

The Legislature meets on the second Monday in No- 
vember, but meets only once in two years. 

The enacting clause of its laws is as follows : " Be it 
enacted by the Senate and House of Representatives of the 
State of Alabama, in general assembly convened." 

"united states senators." 

Under this caption, after the general remarks upon each 
State, we give the names of all the men who have repre- 
sented that State in the United States Senate, from the 
commencement of the Government (1789), down to the 
end of the year 1867, in chronological order, together 
with their times of service. This affords a convenient 
means of reference to the prominent statesmen in each 
State, in times gone by. 

Those from Alabama were as follows : 
Wm. R. King, from 1819 to 1844, and from 1846 to 1852 



J. W. Walker, " 


1819 " 1822 


"Wm. Kelly, « 


1822 " 1825 


Henry Chambers, " 


1825 " 1826 


Israel Pickens, " 


1826 superseded the same year by 


John McKinley, " 


1826 " 1831* 


Gabriel Moore, " 


1831 " 1837 


Clement C. Clay, " 


1837 " 1841 


Arthur P. Bagby, " 


1841 " 1849 


Dixon H. Lewis, " 


1844 " 184T 


B. Fitzpatrick, " 


1848 " 1849, and from 1852 to 1861 


J. Clemens, " 


1849 " 1853 


C. C. Clay, Jr., " 


1853 " 1861 



* He also served from 1837 to 1841. 



INDIVIDUAL STATES. 



329 



Alabama seceded from the Union in 1861 ; and conse- 
quently has not been represented in the United States 
Senate, from that time up to the end of 1867; and will 
not be, until re-admitted into the Union, 




ARKANSAS. 

Arkansas was admit feed into the Union, Jan. 15, 1836, 
(Michigan admitted Bame day), making the 26th Statu. 

She has an area of 52,198 square miles, equal to 33,406,- 
720 acres. 

Her population in 1860 was 435,450, which entitles her 
to 3 Representatives in Congress. 

Arkansas lies in the 8th Judicial Circuit, and forms two 
h Judicial Districts — Eastern and Western. 

She has no ports of entry, or delivery. 
1 This State was a part of the Louisiana purchase, made 
of France in 1803. 

The Capitol of this State is Little Eock. 
She holds her State election on the first Monday in 
August. 



330 OUTLINES OF U. S. GOVERNMENT. 

The Legislature meets on the first Monday in Novem- 
ber, but meets only once in two years. 

The enacting clause of the laws is, " Be it enacted by 
the General Assembly of the State of Arkansas.' 5 

UNITED STATES SENATORS. 

William S. Fulton from 1836 to 1844 
Ambrose H. Sevier, " 1836 " 1848 



Chester Ashley, 


u 


1844 " 


1847 


Wm, K. Sebastian, 


u 


1848 " 


1861 


Solon Borland, 


a 


1848 " 


1855 


Robert W. Johnson, 


a 


1853 " 


1861 


Charles B. Mitchell, 


a 


1861 " 


1861 






Arkansas was one of the seceding States ; and the re- 
marks made at the end of the list of Senators from Ala- 
bama are equally applicable to this State, 







CALIFORNIA. 



California was admitted in 1850, making the thirty-first 
State. It has an area of 188,982 square miles, equal to 
120,948,480 acres. The population for 1860 was put down 



INDIVIDUAL STATES. 331 

at 379,994 ; but this estimate was not regarded as reliable. 
Congress by special act allowed her 3 Representatives in 
Congress. 

By act of 1866, this State, with Oregon and Nevada, 
constitutes the Xinth Judicial Circuit, and forms two 
Judicial Districts. California has 7 ports of entry, viz., 
San Francisco, Monterey, San Diego, Sacramento, Sonoma, 
Ban Joaquin and San Pedro ; also one port of delivery, 
Santa Barbara, 'this State, as is seen by its area, is very 
large, and will probably in some future day be (livid 
into two. California was < obtained from Mexico, by treaty 
in 1848. 

The capital is Sacramento. She holds her State elec- 
tion on the first Wednesday in September. Her legisla- 
ture meets on the first Monday in December, but meets 
only once in two year-. 

The enacting clause of her laws is : " The people of the 
State of California, represented in Senate and Assembly, 
do enact as follows." 

UNITED STATES BSNATOB 

John C. Fremont from 1850 to 1851 



AVm. M. Gwin, 


u 


lfi 


u 


18 


John B. Weller, 


.. 


1851 




1851 


II. P. Haun, 


cc 


1859 


a 


1S62 


D. C. Broderick, 


cc 


1850 


CI 


1859 


M. S. Latham, 


u 


1860 


ii 


1-66 


John Conness, 


a 


1863 


cc 


1869 


Cornelius Cole, 


a 


1867 


cc 


1873 


J. A. McDougall, 


.. 


1861 


cc 


1867 






OUTLINES OF XL S. GOVERNMENT, 




CONNECTICUT. 



Connecticut is one of the original thirteen States. Her 
area is only 4,674 square miles, equal to 2,991,360 acres. 
The population in 1860, was 460,147, which gives her 
four representatives in Congress. 

Connecticut is part of the Second Judicial Circuit, and 
forms one Judicial District. She has five collection Dis- 
tricts, and consequently five ports of entry, — New London, 
New Haven, Fairfield, Middletown and Stonington ; also 
twenty-two ports of delivery. 

This State has two capitols, Hartford and New Haven, 
and holds her State election on the first Monday in April. 
The Legislature meets on the first Wednesday in May. 

The enacting clause of her laws is, "Be it enacted by the 
Senate and House of Eepersentatives, in general assembly 
convened." 

UNITED STATES SENATORS. 

Oliver Elsworth, from 1789 to 1796 
Wm. S. Johnson, " 1789 " 1791 
Roger Sherman, " 1791 " 1793 
S. M. Michell, " 1793 "1795. 












INDIVIDUAL STATES. 333 

Joh'n Trumbull, from 1795 to 1796 



Uriah Tracey, 


u 


1796 " 1807 




J. Hillhouse, 


« 


1796 " 1810 




C. Goodrich, 


a 


1807 " 1813 




S. W. Dana, 


u 


1810 " 1821 




David Doggett, 


a 


1813 " 1819 




James Lanman, 


a 


1819 " 1825 




E. Boardman. 


a 


1821 " 1823 




H. W. Edwards, 


a 


1823 " 1827 




Calvin Willey, 


u 


1825 " 1831 




Samuel A. Foot, 


u 


1827 " 1833 




G. Tomlinson, 


a 


1831 " 1837 




Nathan Smith, 


u 


1833 " 1835 




John M. Niles, 


« 


1835 " 1839, and from 


1843 to 1849 


Perry Smith, 


u 


1837 " 1843 




Thaddeus Betts, 


u 


1839 " 1940 




J. W. Huntington," 


1840 " 1847 




R. S. Baldwin, 


a 


1847 " 1851 




Truman Smith, 


ti 


1849 " 1855 




Isaac Toucey, 


a 


1852 " 1857 




Francis Gillette, 


a 


1854 " 1856 




L. S. Fisher, 


« 


1855 " 1867 




; James Dixon, 


cc 


1857 " 1859 




| Orris Ferry, 

■ < 


(• 


1867 " 1873 





334 



OUTLINES OF U. S. GOVERNMENT. 




DELAWARE. 

Delaware is one of the original thirteen States, and has 
an area of 2,120 square miles, equal to 1,356,800 acres. 
Population in 1860, 112,216. 

It has one representative in Congress ; forms part of the 
third Judicial Circuit (act of 1862) constitutes one Judicial 
District ; has one port of entry — Wilmington ; and 
three ports of delivery — New Castle, Port Penn, and 
Delaware City, 

The population of this State, has never entitled it to 
more than one member of Congress. 

The capital is Dover. The elections are held in Novem- 
ber. The Legislature meets on the first Tuesday in 
January, and meets only once in two years. 

The enacting clause of the laws is, " Be it enacted by 
the Senate and House of Representatives of the State of 
Deleware in general assembly met." 

UNITED STATES SENATORS,, 



George Read, from 1789 " 1793 
R. Bassett, " 1789 " 1793 

John Vining, " 1793 " 1798 



INDIVIDUAL STATES. 335 

Kensey Johns, from 1794 to 1795 

Henry Latimer, " 1795 " 1801 

Joshua Clayton, " 1798 " 1799 

W. H. Wells, " 1799 •' 1804, and from 1813 to 1817 

Samuel White, " 1801 " 1810 

J. A. Bayard, " 1804 " 1813 

O. Horsey, u 1810 u 1821 

N. Van Dyke, " 1817 " 182G 

C. A. Rodney, " 1822 " 1823 

T Clayton, " 1824 M 1827, and from 1837 to 1S47 

D. Rodney, " 182G " 1827 
II. Ridgely, " 1827 "1829 
L. McLane, " 1827 " 1829 

J. M. Clayton, " 1829 " 1837, and from 1845 to 1849 

A. Nordain, " 1830 " 183G 

R. H. Bayard, " 1836 " 1845 

P. Spruance, M 1847 " 1853 

John Wales, " 1849 " 1851 

J. A. Bayard, li 1851 " 18G4 

M. W. Bates, " 1857 " 1859 

J. P. Comeygs, " 1856 " 1857 

W.Saulsbury, Cl 1859 « 1871 

G. R. Riddle, « 1864" 1869 

J. A. Bayard, u " " 1873 



336 



OUTLINES OF U. S. GOVERNMENT, 




FLORIDA. 



Florida was admitted into the Union, March 3, 1845; 
making the 27th State. This State has an area of 59,268 
square miles, equal to 37,931,520 acres. The population 
in 1860 amounted to 140,425, which gave her but one 
Representative in Congress. 

Florida lies in the 5th Judicial Circuit and forms two 
Judicial Districts ; has 7 ports of entry — St. Augustine, 
Key West, Apalachicola, Pensacola, Magnolia, St. John's 
River, and Fernandina ; and 2 ports of delivery — Palatka 
and Bay Port. This State was bought by the United 
States of Spain in 1819. 

The capital is Tallahassee. The State election is held the 
first Monday in October. The Legislature meets biennially 
on the first Monday in November. . 

The enacting clause of her laws is, " Be it enacted by 
the Senate and House of Representatives of the State of 
Florida, in General Assembly convened." 



UNITED STATES SENATORS. 

David L. Yulee from 1845 to 1861 
J. D. Westcott, " 1845 " 1851 



1 



INDIVIDUAL STATES. 337 

Jackson Morton, from 1849 to 1855 
S. R. Mallory, " 1851 " 1861 
Florida seceded from the United States in 1861; and 

the remarks made at the end of the list of Senators from 

Alabama, are applicable to her. 



y/^ 


5§TjTU 


^ 


Wr^y 




^x^ 


jm y /fS 




A 


• " 


— 


"" """"" 



GEORGIA. 

Georgia is one of the thirteen original State?, and has 
an area of 52,009 square miles, equal to 33,285,760 acres. 

The population in 1860, was 1,057,286, which entitled 
her to seven representatives in Congress. 

The State lies in the Fifth Judicial Circuit, and has two 
Judicial Districts ; also four ports of entry — Savannah, 
Brunswick, St. Mary's and Hardwicke; and two ports of 
delivery — Augusta and Sunbury. 

The capital is Milledgeville. The State election is 
held on the first Wednesday of October. The Legislature 
meets on the first Thursday in November. 

The enacting clause of her laws is, " Be it enacted by 
the Senate and House of Representatives of the State of 
Georgia in general assembly met ; and it is hereby enacted 
by the authority of the same." 



338 



OUTLINES OF U. S. GOVERNMENT. 



UNITED STATES SENATORS 



William Few, from 1789 to 1793 
James Gunn, " 1789 u 1801 



James Jackson, " 
George Walton, " 
Josiah Tatnal, * 
A. Baldwin, " 
J. Melledge, " 
George Jones, " 
W. H, Crawford," 
Charles Tait, " 
W. B. Bullock, " 
Wm, W. Bibb, " 
G. M. Troup, 
John Forsyth, 
F. Walker, 
John Elliott, 
Nicholas Ware, " 
T. W. Cobb, 
O. H. Prince, 
John P. King, 
W. Lumpkin, 
J. M. Berrien, 
A. Cuthbert, 
W. T. Colquitt, " 
H. V. Johnson, " 
W C. Dawson, 
Robert Toombs. 
R. M. Charleton, " 
Alfred Iverson, 



it 
u 

a 

u 



c; 
a 
a 
a 
a 
tt 



« 



<< 



<C 



1893 « 1795, and from 1801 to 1806 

1795 u 1796 

1796 " 1799 

1796 " 1805, and from 1805 to 1807 

1806 « 1809 

1807 " 1807 
1807 " 1813 

1809 " 1813, and from 1813 to 1819 

1813 " 1813 

1813 " 1816 

1815 " 1818, and from 1829 to 1833 

1819 " 1819, and from 1829 to 1837 

1819 " 1821 

1819 " 1821 

1821 " 1823 

1824 " 1828 

1828 " 1829 

1833 " 1837 

,1837 " 1841 

1825 " 1829, and from 1841 to 1847-51 
1837 " 1843 

1843 " 1849 

1848 " 1849 

1849 ' 1855 
1853 " 1861 
1852 « 185% 
1855 " 1861 












INDIVIDUAL STATES. 339 

Georgia was one of the seceding States, and the same 
remarks apply to her, that have been made at the end of 
the list- of Senators from Alabama. 




ILLINOIS. 

This State came into the Union on the third day of 
Dec. 1818, making the 21st State. It was carved out of 
what was then known as the Northwestern Territory. 
Illinois has an area of 55,405 square miles, equal to 
35,459,200 acres ; had a population in 1860 of 1,711,951 ; is 
entitled to 14 Representatives in Congress, forms a part 
of the Seventh Judicial Circuit. Forms two Judicial Dis- 
tricts, — Northern and Southern — has one port of entry, 
viz., Chicago, and four ports of delivery, viz., Alton, 
Quincy, Cairo and Peoria. 

The capital is at Springfield. The State election is held 
on the first Tuesday in November. The Legislature meets 
biennially on the Second Monday in January. 

The enacting clause of the laws is as follows : tC Be it 
enacted by the people of the State of Illinois, represented 
in the General Assembly." 



340 



OUTLINES OF U. S. GOVERNMENT. 



UNITED STATES SENATORS. 



J. S. Thomas, from 1818 to 1829 


N. Edwards, " 


1818 " 1824 


John McLean, " 


1824 " 1825, and from 1829 to 1830 


D, J. Baker, " 


1830 1 month. 


E. K. Kane, " 


1825 " 1836 II 


J. M. Robinson," 


1830 " 1841 j 1 


W. L. D. Ewing," 


1835 " 1837 j 


E. M.Young, « 


1837 " 1843 


S. McKoberts, " 


1841 " 1843 


J. Semple, " 


1843 " 1847 


Sidney Breese, " 


1843 " 1849 


S. A. Douglas, " 


1847 " 1861 


James Shields, " 


1849 "1855 


L. Trumbull, " 


1855 " 1861 


O. H.Browning," 


1861 " 1863 ! 


"W".A.Richardson" 


1863 " 1865 


Richard Yates, " 


1865 " 1871 





INDIANA. 



The State of Indiana was formed out of part of what 



INDIVIDUAL STATES. 341 

was called the North-western Territory ; was admitted as 
a State in 1816, making the nineteenth State. She has 
an area of 33,809 square miles, equal to 21,637,760 acres. 
Her population in i860 was 1,350,428, which entitled her 
to 11 Representatives in Congress. Indiana is the Seventh 
Judicial Circuit, and forms one Judicial District. There 
is no port of entry in this State ; but there are three ports 
of delivery, to wit, Evansville, New Albany, and Madison ; 
which are attached to the New Orleans Collection Dis- 
trict. 

The capital is Indianapolis. The State election is held 
on the second Tuesday of October. The Legislature 
meets only once in two years, on the first Wednesday of 
January. 

The enacting clause of her laws is in these words, " Be 
it enacted by the General Assembly of the State of 
Indiana." 

UNITED STATES SENATORS. 

James Noble, from 1S1G to 1831 

W. Taylor, " 1816 " 1825 

W. Hendricks, " 1825 " 1S37 

E. Hanna, " 1831 " 1S31 

John Tipton, " 1831 " 1S39 

O. H. Smith, " 1S37 " 1813 

A. S. White, " 1839 " 1845 

E. A. Hannegan," 1843 " 1849 

J. D. Bright^ " 1845 " 1S62 

J. Whitcomb, « 1S49 " 1S55 

C. W. Cathcart, " 1852 " 1853 



342 



OUTLINES OF U. S. GOVEKNMENT. 



John Pettit, from 
Charles Durkee," 
G. N. Fitch, 
II. A. Lane, 
D. Turpee, 
J. A. Wright, 
T. A. Hendricks," 
O. P. Morton, 



(4 



« 



u 



u 



a 



1853 to 
1855 « 
1857 « 

1861 " 
1863 " 

1862 " 

it 

1867 " 



1855 
1861 
1861 
1867 
1863 
1863 
1869 
1873 




IOWA. 



Iowa was admitted into the Union March 3, 1845, mak- 
ing the twenty-eighth State. We have numbered this the 
twenty-eighth State, and Florida the twenty-ninth. Both 
however were admitted on the same day, and by one act. 
Iowa has an area of 55,045 square miles, equal to 35,228,- 
800 acres. The population in 1860 was 674,913, which 
entitled to 6 Representatives in Congress. This State 
lies in the Eighth Judicial Circuit, and makes one Judicial 
District. She has no port of entry, but has 3 ports of de 
livery, to wit, Burlington, Keokuk, and Dubuque ; all of 



INDIVIDUAL STATES. 



343 



which are attached to the Collection District of New Or- 
leans, in the State of Louisiana. 

Des Moines is the capital. The State election is held 
on the Second Tuesday of October. The Legislature 
meets biennially on the Second Wednesday in January. 

The enacting clause of her laws is in these words: " Be 
it enacted by the General Assembly of the State of Iowa.'* 

UNITED STATES SENATORS. 

George W. Jones, from 1S48 to 1S59 

Augustus C. Dodge, " 1S48 " 1855 

T ' TT , K ( 1856 " 1865 

James Harlan, < -.^n* u 1373 

James W. Grimes, " 1859 " 1871 
Samuel J.Kirkwood," 1866 " 1S71 




KANSAS. 



Kansas was admitted into the Union as a State, Jan. 

29, 1861, making the thirty-fourth State. Kansas has 
an area of 78,418 square miles, equal to 50,187,520 acres. 
The population in 1860 was 107,206 ; entitling to one Re- 



344 



OUTLINES OF U. S. GOVERNMENT. 



presentative in Congress. The State is in the Eighth 
Judicial Circuit, and forms one Judicial District. It has 
not now any ports of entry or delivery. 

Topeka is the capital. The State election is held on the 
first Tuesday in November. The legislature meets on the 
second Thursday in January. 

The enacting clause of the laws is as follows: "Be it 
enacted by the Legislature of the State of Kansas." 

UNITED STATES SENATORS. 



James Henry Lane, from 1861 to 1866 
Samuel C. Pomeroy, " 1861 " 1873 
E. G. Boss, " 1866 "1871 




KENTUCKY. 

Kentucky was admitted into the Union on the first of 
June, 1792 , and has an area of 37,680 square miles, equal 
to 24,115,200 acres. 

The population in 1860 numbered 1,155,684. The 
State has now nine representatives in Congress ; is in the 
Sixth Judicial Circuit, by act of 1866 ; forms one Judicial 



INDIVIDUAL STATES. 



345 



District ; has one port of entry — Louisville ; and two ports 
of delivery — Paducah and Columbus. 

Before Kentucky was erected into a State, it formed a 
part of the State of Virginia. 

It was the second State admitted, making the fifteenth 
State. Frankfort is the capital. 

The State elections are held on the first Monday of 
August. The Legislature meets on the first Monday in 
December. 

The enacting clause of the laws is in the following: words : 
" Be it enacted by the general assembly of the common- 
wealth of Kentucky ." 



UNITED STATES SENATORS. 



John Brown, from 1792 
John Edwards, " 1792 

Humphrey Marshall," 
John Breckenridge, " 
Buckner Thurston, 
John Adair, 



u 



u 



Henry Clay, 

John Pope, 

George M. Bibb, 

Jesse Bledsoe, 
George Walker, 
William T. Barry, 

Isham Talbot, 



a 



a 



a 



u 



.. 



u 



u 



1795 

1801 

1805 

1805 

180G 
1810 
1831 
[1849 

1807 

j 1811 

( 1829 

1813 

1814 

1814 

j 1815 

( 1820 



to 1805 
u 1795 
" 1801 



u 



u 



u 
a 
« 

a 



u 



ISOo 



" 1810 

" 180G 

1807 
1811 
" 1842 
" 1855 

1813 
1814 
1835 
1815 
1814 
1816 
" 1819 
1825 



340 



OUTLINES OF U. S. GOVERNMENT. 



Martin D. Hardin, from 

r 

John J. Crittenden, " 



Richard M. Johnson, 



u 



William Logan, 
John Rowan, 
Jas. T. Moorehead, " 
* Jos'h.R. Underwood," 
Thomas Metcalf, " 
Archibald Dixon, " 
David Meriwether, " 
J. B. Thompson, " 
Lazarus W. Powell,*' 
Jno.C. Breckinridge," 
Garrett Davis, 
James Guthrie, 
Thos. C. McCreery, " 






1816 to 

1817 " 
1835 
1842 
1855 

1819 

1823 

1819 

1826 

1841 

1847 

1848 

1852 " 

1852 " 

1853 " 
1859 " 
1861 " 
1861 " 
1865 " 
1868 " 



u 
a 
a 

a 

tt 

tc 

U 

u 

u 



1817 

1819 
1841 
1849 
1861 

1823 

1829 

1820 

1831 

1847 

1853 

1849 

1855 

1852 

1859 

1865 

1861 

1873 

1871 

1871 







LOUISIANA. 

Louisiana was formed out of a part of the Lonisana pur- 






INDIVIDUAL STATER 347 

chase, made of France in 1803, and was admitted into the 
Union in 1812, making the eighteenth State. 

She has an area of 46,431 square miles, equal to 29,715- 
840 acres. The population in 1860 numbered 708,002: 
entitling her to five representatives in Congress. 

Louisiana forms a part of the Fifth Judicial Circuit, and 
constitutes two Judicial Districts, viz., the Eastern and 
Western Districts of Louisiana. This State has one Collec- 
tion District, denominated the District of New Orleans ; 
which city is the only port of entry. The shores of the river 
Ohio, and all the rivers emptying into the Mississippi, are 
attached to the District of New Orleans ; though most of 
them do not lie in the State. Several of the cities and 
towns on these rivers are made ports of delivery. Col- 
lection Districts are not always confined to one State. 

Baton Rouge is the capital. The Legislature meets on 
the third Monday in January, once in two years. The 
State election is held on the first Monday in November. 

The enacting clause of her laws is as follows : " Be it 
enacted by the Senate and House of Representatives of the 
State of Louisiana, in general assembly convened," 

UNITED STATES SENATORS. 

Thomas Posey, October to December, 1S12 

James Brown, from ) 

( 1819 " 1824 

Allan B. Macgruder, from 1S12 " 1813 

Eligius Fromentin, 

W. C. C. Claiborne, 



a 



Henry Johnson, 
Dominique Bouligny, 



u 



a 



1813 


u 


1819 


1817 


a 


1818 


1818 


a 


1824 


1843 


u 


1849 


1S24 


M 


1829 



348 OUTLINES OF U. S. GOVERNMENT. 

Josiah S. Johnston, from 1824 to 1833 

Edward Livingston, " 

George A. Waggaman, " 

Alexander Porter, 

Robert C. Nichols, 

Alexander Morton, 

Alexander Barrow, 

Charles M. Conrad, 



tt 
a 
a 
a 
it 



Pierre Soule, " j 



a 
a 
it 



1829 


a 


1831 


1831 


a 


1835 


1833 


a 


1837 


1833 


a 


1841 


1838 


a 


1842 


1841 


a 


1847 


1842 


a 


1843 


1847 


a 


1847 


1849 


a 


1855 


1847 


a 


1853 


1853 


a 


1861 


1853 


a 


1861 






Solomon W. Downs, 
John Slidell, 
Judah P. Benjamin, 

Louisiana seceded with other Southern States in 1861, 
and the remarks made at the end of the list of Senators 
from Alabama, also apply to her. 







MAINE. 



Maine was admitted into the Union on the 15th day of 
March, 1820, making the twenty-third State. She has an 
area of 31,766 square miles, equal to 20,330,240 acre3. In 



INDIVIDUAL STATES. 



349 



18G0 the population amounted to G28,279, in view of 
which she is now entitled to 5 Bepr itativesin Congresa 
[Maine forms a part of the first Judicial Circuit, and con- 
stitutes one Judicial District. This State has 13 ports of 
entry, and 32 ports of delivery. Until it was admitted 
into the Union, it formed a part of the State of Massachu* 
setts. 

Augusta is the Capital. The State elections are held on 
the second Monday of September. The Legislature meets 
on the first Wednesday of January. 

The enacting clause of the laws is in the following word- : 
" Be it enacted by the Senate and House of Representa- 



tives in Legislature assembled." 



UNITED STATES 

John Holmes, from 
John Chandler, " 
Albion K. Parris, " 
Peleg Sprague, 
Ether Shepley, 
John Ruggles, 
Judah Dana, 
Reuel Williams, 
George Evans, 
John Fairfield, 
Wynan B.S.Moore" 
Jas. TV. Bradbury," 

Hannibal Hamlin, " 



u 
u 
u 
u 
u 
a 



SEXATOKS. 

1820 to lfi 
18 






u 

u 



1829 



1-20 - lfi 

1S33 " 1S:^0 
u 



1835 

1S36 

IS 

1841 

1843 



u 
a 
U 

.. 



1841 

IS 

1-43 

1847 

1847 



1848 " 184S 
1847 " 1853 



Amos Xourse, 



a 



Wm.P.Fessenden," 




350 



OUTLINES OF U. S. GOVERNMENT. 

Lot M. Morrill, from 1861 to 1869 
Nath. A. Farwell," 1864 " 1865 







MARYLAND. 

Maryland is one of the original thirteen States; and 
has an area of 11,124 square miles, equal to 7,119,360 acres. 
The population in 1860 was 687,049, which gives her five 
Representatives in Congress. By an act of Congress 
passed in 1866, this State was put in the fourth Judicial 
Circuit, which is composed of Maryland, Virginia, West 
Virginia, North Carolina and South Carolina. Maryland 
constitutes one Judicial District ; has ten ports of entry, 
viz., Baltimore, Chester, Oxford, Vienna, Snow Hill, An- 
napolis, Nottingham, St. Mary's, Georgetown and Havre 
de Grace ; and twelve ports of delivery. 

Annapolis is the capital. The State election is held on 
the first Tuesday of November. The Legislature meets 
on the first Wednesday of January. 

The enacting clause of the laws is as follows : " Be it 
enacted by the General Assembly of Maryland." 






INDIVIDUAL STATES. 351 



UNITED STATES SENATORS. 



Charles Carroll, [ ^ 
(of Carrollton) ) 

John Henry, 

Richard Potts, 

John E. Howard, 

James Lloyd, 

William Hindman, 

Robert Wright, 

Samuel Smith, 

Philip Reed, 

R. II. Goldsborough, 

Robert G. Harper, 
Alexander C. Hanson, 
William Pinkney, 
Edward Llo'yd, 
Ezekiel F. Chambers, 
Joseph Kent, 
John S. S pence, 
William D. Merrick, 
John Leidsker, 
James A. Pearce, 

Reverdy Johnson, 

David Stewart, 
Thomas G. Pratt, 
Anthony Kennedy, 
Thomas H. Hicks, 
John A. J. Creswell, 



om 1789 to 1793 



u 


1789 " 1797 


it 


1793 " 1796 


t< 


1796 " 1803 


a 


1797 " 1800 


a 


1800 " 1801 


cc 


1801 " 1806 


« . 


( 1803 a 1815 
( 1822 u 1833 


a 


1806 " 1813 


a 


j 1813 " 1819 
( 1835 " 1836 


a 


1816 " 1816 


(( 


1816 a 1819 


u 


1819 " 1822 


(C 


1819 " 1826 


u 


1S26 " 1835 


a 


1833 " 1838 


a 


1836 " 1841 


u 


1S3S " 1845 


C( 


1841 " 1843 


cc 


1S43 " 1862 


a 


j 1845 " 1851 
( 1863 " 1869 


cc 


1849 " 1850 


u 


1S50 " 1857 


a 


1857 " 1863 


CC 


1862 " 1864 


a 


1865 " 1867 



352 



OUTLINES OF U. S. GOVERNMENT. 

Philip F. Thomas, from ? to 1867 
George Vickers, " 1868 " 1871 




MASSACHUSETTS. 

> i 

Massachusetts is the " Bay State," as she is commonly 
called, from the great bays indenting her eastern shore, 
is one of the original thirteen States, and has an area of 
7,800 square miles, equal to 4,992,000 acres. 

Her population in 1860, amounted to 1,231,066, which 
entitles her to ten members of Congress. 

Massachusetts lies in the first Judicial Circuit, which is 
composed of Massachusetts, Rhode Island, New Hamp- 
shire and Maine — and forms one Judicial District. 

There are now fourteen ports of entry in this State, and 
twenty-five ports of delivery. These have been so often 
changed, discontinued, or annexed to others, and will 
probably be hereafter, that we omit a list of them, and 
only remark that Boston is the principal one. 

Boston is the capital. The Legislature meets on the 
first Wednesday of January. The State election is held 
on the first Tuesday in November. 



INDIVIDUAL STATES. 



353 



The enacting clause of her laws is ; " Be it enacted by 
the Senate and House of Representatives, in general court 
assembled, and by the authority of the same, as follows." 

UNITED STATES SENATORS. 

Tristram Dalton, 
Caleb Strong, 
George Cabot, 
Theo. Sedgewick, 
33enj. Goodhue, 
Samuel Dexter, 
Dwight Foster, 
Jonathan Mason, 
John Q. Adams, 
Timothy Pickering, 

James Lloyd, 

Joseph B. Varnum, 
Christopher Gore, 
Eli P. Ashmun, 
Harrison Gray Otis, 
Prentiss Mellen, 
Elijah II. Mills. 
Nathaniel Silsbee, 

Daniel Webster, 
Rufus Choate, 

Jolm Davis, 

Isaac C. Bates, 
Robert C. Winthrop, 



from 


i 17S9 to 1791 


u 


1789 " 


1790 


u 


1791 " 


1796 


cc 


179G u 


1799 


CC 


179G " 


1800 


a 


1799 " 


1800 


CC 


1800 " 


1803 


a 


1800 to 1803 


a 


1803 " 


1808 


a 


1803 " 


1811 


« i 


1808 " 


1813 


i 


1822 " 


1826 


a 


1811 " 


1817 


a 


1813 M 


1816 


cc 


1816 " 


1818 


c< 


1817 " 


1822 


cc 


ISIS " 


1820 


cc 


1S20 " 


1827 


cc 


1820 il 


1835 


« J 


1827 " 


1841 


i 


1845 a 


1850 


cc 


1841 " 


1845 


( 


1835 " 


1841 


" \ 


1845 a 


1847 


I 


1847 " 


1853 


cc 


1841 a 


1845 


IC 


1850 " 


1851 



354 OUTLINES OF U. S. GOVERNMENT. 

Robert Rantoul, from 1851 to 1851 

Charles Sumner, " 1851 " 1869 

Edward Everett, " 1853 " 1854 

Julius Rockwell, " 1854 " 1855 

Henry Wilson, " 1855 " 1871 




MICHIGAN. 

The Territory of Michigan was changed into a State, on 
the 15th day of June, 1836, and as such was admitted to 
all the rights and privileges of the other States ; making 
the twenty-fifth State, (Arkansas was admitted on the 
same day). Her area is 56,243 square miles, equal to 
35,995,520 acres. The population in 1860 was 749,113 
which entitled her to 6 Representatives in Congress. By 
act of 1866, Michigan was located in the sixth Judicial 
Circuit ; and forms two Judicial Districts, and has four 
Collection Districts and four ports of entry, viz., Detroit, 
Port Huron, Grand Haven, and Michilimackinac, also five 
ports of delivery, (if the President deem them necessary.) 

The capital is Lansing, The State election is held on 



INDIVIDUAL STATES. 355 

the first Tuesday of November. The Legislature meets 
biennially on the first Wednesday of January. 

The enacting clause of the laws is as follows : " The 
people of the State of Michigan enact." 

UNITED STATES SENATORS. 

Lucius Lyon, from 1836 to 1839 

John Nor vail, " 

Augustus S. Porter, " 

Wm. Woodbridge, " 

Lewis Cass, 

Alpheus Fitch, 

Thomas Fitzgerald, 

Charles E. Stewart, " 

Zachariah Chandler, " 

Kingsley S. Bingham" 

Jacob M. Howard, " 



<£ 
(( 



1836 " 


1841 


1839 " 


1845 


1841 " 


1847 


1845 " 


1851 


1847 " 


1853 


184S " 


1849 


1853 " 


1859 


1857 " 


1869 


1859 " 


1861 


1862 " 


1871 




MINNESOTA. 



This State was admitted into the Union on the 11th 
day of May, 1858, and made the 32nd State. It has an 



356 OUTLINES OF U. S. GOVERNMENT. 

area of 83,531 square miles, equal to 53,459,840 acres. 
The population in 1860 amounted to 172,123. In 1862, 
an act was passed increasing the number of Representa- 
tives in Congress from 233 to 241. This increase of eight 
members was given to the States of Pennsylvania, Ohio, 
Kentucky, Illinois, Iowa, Vermont, Ehode Island and 
Minnesota. By these means this State was allowed 2 
members of Congress. 

• It lies in the Eighth Judicial Circuit, which is composed 
of Missouri, Iowa, Kansas, Arkansas and Minnesota. 
Minnesota forms one Judicial District, and has no ports 
of entry or delivery. 

St. Paul is the capital. The Legislature meets biennially 
on the first Tuesday in January. The State election is 
held on the first Tuesday in November, 

UNITED STATES SENATORS. 

Henry M. Rice, from 1857 to 1863 
James Shields, " 1857 " 1859 
Alex. Ramsey, " 1863 " 1869 
Daniel Norton, " 1865 " 1871 
Mort. S. Wilkinson" 1859 " 1865 












INDIVIDUAL STATES. 357 




MISSISSIPPI. 



The Territory of Mississippi became a State in 1817; 
making the twentieth State. The area is 47,156 square 
miles, equal to 30,179,840 acres. The population in 1860 
numbered 791,305 ; which entitled her to 5 Representa- 
tives in Congress. This State lies in the Fifth Judicial 
Circuit, and is divided into two Judicial Districts viz 
the Northern and Southern Districts of Mississippi She 
has three ports of entry, viz., Natches, Vicksburg, and one 
near the mouth of Pearl river, to be established whenever 
the President directs ; also three ports of delivery viz. 
Grand Gulf, Ship Island and Columbus. 

Jackson is the capital. The State election is held on 
the first Monday of October, and her Legislature meets 
biennally on the first Monday in January. 

The enacting clause of the laws is in these words : " Be 
it enacted by the Senate and House of Representatives of 
the State of Mississippi in General Assembly convened." 

UNITED STATES SEXATOES. 

Walter Leake, from 1817 to 1820 
ThomasI-LWilUams,"]^ 8 ^ 7 ;;;^ 






358 



OUTLINES OF U. S. GOVERNMENT. 



David Holmes, from 1820 to 1825 

Powhattan Ellis, 

Thomas B. Reed, 

Robert Adams, 

George Poindexter, 

John Black, 

R J. Walker, 

James F. Trotter, 

John Henderson, 

Jesse Speight, 

Joseph W. Chambers," 



a 



it 



« 



« 



u 



u 



u 



u 



Jefferson Davis, 

Henry S. Foote, 
John W. Rea, 
Walter Brooks, 
Albert G. Brown, 

Mississippi seceded from the Union in 1861, and is there* 
fore in the same condition with Alabama, as stated at the 
end of the list of Senators from that State, 



u 



u 



u 



u 



1825 
1826 
1830 
1830 
1832 
1835 
1838 
1839 
1845 
1845 
1847 
1857 
1847 
1851 
1852 
1854 



1833 
1829 
1830 
1835 
1838 
1845 
1838 
1845 
1847 
1847 
1851 
1861 
1853 
1851 
1853 
1861 



INDIVIDUAL STATES. 



359 




MISSOURI. 

This State was formed out of a part of the Louisiana 
purchase, and was admitted in 1821; making the 24th 
State. Missouri is very large, and has an area of 07,380 
square miles, equal to 43,123,200 acres. Her population 
in 18G0 amounted to 1,182,012 which entitles her now to 
9 Representatives in Congress. This State is a part of 
the Eighth Judicial Circuit, and formerly was one Judicial 
District; but by act of 1857 was divided into two, the 
Eastern and Western. It lias no port of entry, and but 
one port of delivery, viz., Hannibal. 

The capital is Jefferson City. The State election is 
held on the first Tuesday of November, and the Legisla- 
ture meets on the last Monday of December. 

The enacting clause of the laws is as follows : " Be it 
enacted by the General Assembly of the State of Missouri, 
as follows : 

UNITED STATES SENATORS. 



Thomas H. Benton, from 1821 to 1S51 
David Barton, " 1821 " 1831 



360 



OUTLINES OF U. S. GOVERNMENT. 



Alexander Buckner, 
Lewis F. Linn, 

David R. Atchison, 

Gratz B. Brown, 
Henry S. Geyer, 
Trusten Polk, 
James S. Green, 
Waldo P. Johnson, 
John B. Henderson, 
Chas. D. Drake, 



from 1831 
" 1833 



cc 

CC 

cc 
cc 
cc 
cc 
cc 
cc 



1843 
1849 
1863 
1851 

1857 
1856 
1861 
1862 
1867 



10 1833 
" 1843 
" 1849 
" 1855 
1867 
1857 
1861 
1861 
1862 
1869 
1873 



cc 

cC 

cc 
cc 
cc 
cc 
cc 




NEBE,ASKA. 

This State was admitted into the Union Feb. 9, 1867 ; 
making the 37th State. It has an area of 122,007 square 
miles, equal to 78,084,480 acres. The population -when 
admitted numbered over 12,000. It is entitled to one 
member of Congress, is in the Ninth Judicial Circuit, forms 
one Judicial District ; and has no ports of entry or deliv- 
ery at this time. 

The time of holding the State election, and the time of 



INDIVIDUAL STATUS. 



301 



meeting of the Legislature, are not now known by the 
author. 

The enacting clause of her laws is also unknown. 

UNITKD STATES BEXATOBS 

John M. Thayer, from 1867 to 1871 
Thomas W. Tipton, " 1867 " 1SC9 




NEW HAMPSHIRE. 

New Hampshire is one of the thirteen original States, 
and has an area of 9,280 square miles, which make 5,939,- 
200 acres; also a population in 1860 of 32G,073, which 
entitles her to three members of Congress. 

New Hampshire lies in the first Judicial Circuit, which 
is composed of this State, Massachusetts, Rhode Island 
and Maine. It constitutes one Judicial District. 

The whole State is embraced in one collection District; 
consequently there is but one port of entry in the State, 
that is at Portsmouth. There are also three ports of de- 
livery, to wit : New Castle, Dover and Exeter. 

The capital is Concord. Here the Legislature assem- 



3G2 OUTLINES OF U. S. GOVERNMENT. 

bles on the first Wednesday in June. The State election 
is held on the second Tuesday in March. 

The enacting clause of the laws is as follows : " Be it 
enacted by the Senate and House of Representatives in 
general assembly convened." 

UNITED STATES SENATORS. 

Paine Wingate, from 1789 to 1793 

John Langdon, " 1789 " 1801 

Samuel Livecmore, " 1793 " 1801 

Simeon Olcott, " 1801 " 1805 

James Sheafe, " 1801 " 1802 

William Plummer, " 1802 " 1807 

Nicholas Gilman, " 1805 " 1814 

Nahum Parker, " 1807 " 1810 

Charles Cutts, " 1810 " 1813 

Jeremiah Mason, " 1813 " 1817 

Thos. W. Thompson, " 1814 " 1817 

David L. Morrill, " 1817 " 1823 

Clement Storer, " 1817 « 1819 

John F. Parrott, " 1819 " 1825 

Samuel Bell, «' 1823 " 1835 

T . w ,, „j 1825 " 1831 

Levi Woodbury, j lg41 u lg45 

Isaac Hill, " 1831 « 1836 

Henry Hubbard, " 1835 " 1841 

John Page, " 1836 « 1837 

Franklin Pierce, .«« 1837 " 1842 

Leonard Wilcox, " 1842 " 1842 

nu i n a 41, * «■ i 1843 " 1849 

Charles Gr. Atherton, •< jo 5 o u jqcq 

Benning W. Jenness, " 1845 " 1846 



INDIVIDUAL 


STATES. 3G3 


Joseph C illey, 


from 184G to 1847 


John P. Hale, 


u 


j 1847 " 1853 
j 1855 " 1865. 


Moses Norris, 


u 


1849 " 1855 


Jared W. Williams, 


It 


1853 " 1854 


John S. Wells, 


l< 


1855 " 1855 


James Bell, 


it 


1855 " 1857 


Daniel Clark, 


u 


1857 " I860 


Aaron A. Cragin, 


it 


1807 " 1S71 


James W. Paterson, 


tt 


1867 " 1873 


George C. Foersf. 


a 


I860 " 1867 




NEW JERSEY. 



New Jersey is one of the original 13 States, and has an 
area of 8,320 square miles, equal to 5,324,800 acres. The 
population in 1860 numbered 072,035, which gives her now 
5 Representatives in Congress. This State lies in the 
third Judicial Circuit, which is composed of this State and 
of the State of Pennsylvania, and forms one Judicial Dis- 
trict. There are six Collection Districts, and conse- 
quently six ports of entry in 1ST. Jersey, viz., Perth Am- 



364 OUTLINES OF U. S. GOVERNMENT. 

boy, Burlington, Bridgeton, Great Egg Harbor, Little 
Egg Harbor and Newark. There are also 8 ports of de- 
livery. A part of the Eastern shore is attached to the 
port of New York. 

The capital of New Jersey is Trenton. The State elec- 
tion is held on the first Tuesday in November, and the 
Legislature assembles on the second Tuesday of January. 

The style of her laws, or the enacting clause thereof is 
as follows : " Be it enacted by the Senate and General 
Assembly of the State of New Jersey." 

UNITED STATES SENATORS. 






Jonathan Elmer from 1789 to 1791 

William Patterson, " 1789 " 1790 

Philemon Dickerson, " 1790 " 1793 

John Rutherford, " 1791 " 1798 

Fred'k Frelinghuysen," 1793 " 1796 

Richard Stockton, " 1796 " 1799 

Franklin Davenport, " 1798 " 1799 

James Schureman, " 1799 " 1801 

Jonathan Dayton, " 1799 " 1805 

Aaron Ogden, " 1801 " 1803 

John Condit, " 1803 " 1811 

Aaron Kitchell, " 1805 " 1809 

Johiv Lambert, " 1809 " 1815 

Mahlon Dickerson, " 1817 " 1833 

James J. Wilson, " 1815 " 1821 

( 1821 " 1823 

Samuel L. Southard, " \ iqqq « iqao 

Joseph Mcllvaine, " 1823 " 1826 

Thos. Frelinghuysen, " 1829 " 1835 

Ephraim Bateman, " 1826 « 1829 




INDIVIDUAL STATES. 



365 



Garret D. Wall, from 
Jacob Miller, 
William L. Dayton, 
John B. Thompson, 
William Pennington, 
William Wright, 
Robert F. Stockton, 
John C. Ten Eyck, 
Richard S. Field, 
James W. Wall, 
John P. Stockton, 
F. T. Frelinghuyson, 
Alexander G-. Cattell, u 



<c 



u 



a 



.. 



c; 



u 



u 



a 



u 



a 



u 



1835 to 

1841 " 

1842 " 
1853 " 

1858 " 
1853 " 
1851 " 

1859 " 
18G2 " 
1863 " 
18G5 " 
18G7 " 
18GG " 



1841 
1853 
1851 
1863 
1858 
1859 
1853 
1865 
1863 
1863 
1866 
18G9 
1871 




. 



NEW YORK. 

New York is one of the original thirteen States. Its 
area is 47,000 square miles, equal to 30,0S0,000 acres. . 

By the last census (1SG0) the population was ascer- 
tained to be 3,SS0,735— (4,000,000 at this time, 1S66), 
which gives it thirty-one members of Congress. 

It forms part of the Second Judicial Circuit, which con- 
sists of New York, Vermont, Connecticut ; and is divided 



366 OUTLINES OF U. S. GOVERNMENT. 

into three Judicial Districts, the Northern, Southern and 
Eastern (the Eastern was formed from the Southern, Feb. 
26, 1865). 

This State has a great length of sea, lake and river 
coast, and consequently has eleven ports of entry, viz., 
New York, Sag Harbor, Hudson, Oswego, Niagara, Buf- 
falo Creek, Oswegatchie, Dunkirk, Rouse's Point, Cape 
Vincent and Suspension Bridge ; also fourteen ports of 
delivery; besides which the President is authorised to 
make eight or nine others if he deems it necessary to do 
so. The ports of delivery are at such places on the Hud- 
son River, on the Long Island shores, and along the shores 
of the river St. Lawrence, Lakes Ontario, Champlain, and 
Erie, as the trade of these localities requires, Jersey City 
in the State of New Jersey, is also attached to the collec- 
tion District of New York. 

The capital of New York is Albany. The State elections 
are held on the first Tuesday in November, and the Legis- 
lature meets on the first Tuesday in January. 

The style of the laws, or the enacting clause is as fol- 
lows : " Be it enacted by the people of the State of New 
York represented in Senate and Assembly." 

UNITED STATES SENATORS. 



Philip Schuyler, 


from 1789 to 1791 


Rufus King, 


cc j 1789 " 1796 
( 1813 " 1825 


Aaron Burr, 


" 1791 " 1797 


John Lawrence, 


" 1796 " 1800 


John S. Hobart, 


" 1798 " 1798 


William North, 


" 1798 " 1798 



INDIVIDUAL STATES. 367 



James Watson, 


from 1798 




Resigned. 


Governeur Morris, 


u 


1800 to 1803 


John Armstrong, 


a 


j 1800 
|1803 


U 
i. 


1802 
1804 


Dewitt Clinton, 


n 


1802 


it 


1803 


Theodore Bailey, 


a 


1803 


it 


1804 


Samuel L. Mitchell, 


.t 


1804 


it 


1809 


John Smith, 


a 


1804 


it 


1813 


Obadiah German, 


u 


1809 


it 


1815 


Nathan Sandford, 


a 


( 1815 

(1825 


a 

a 


1821 
1831 


Martin Van Buren, 


it 


1821 


a 


1829 


Charles Dudley, 


a 


1829 


a 


1833 


William L. Marcy, 


it 


1831 


u 


1833 


Nath'l P. Tallmadge 


u 

> 


1833 


a 


1844 


Silas Wright, 


it 


1833 


a 


1844 


Daniel S. Dickinson, 


a 


1844 


u 


1851 


Henry A Foster. 


a 


1844 


a 


1845 


John A. Dix, 


a 


1845 


a 


1849 


William H. Seward, 


a 


1849 


a 


1861 


Hamilton Fish, 


u 


1851 


tt 


1857 


Preston King, 


U 


1857 


a 


1863 


Ira Harris, 


a 


1861 


a 


1867 


Edwin D. Morgan, 


a 


1863 


a 


1869 


Roscoe Conkling, 


a 


1807 


tt 


1873 



368 OUTLINES OF U. S. GOVERNMENT. 




NORTH CAROLINA. 

This State is also one of the original 13 States, and has 
an area of 50,704 square miles, equal to 32,450,560 acres, 
with a population of 992,622, (one third colored), Avhich 
entitles her to 7 members of Congress. North Carolina, 
by act of 1866, was located in the fourth Judicial Circuit, 
which is composed of Maryland, Virginia, West Virginia, 
North Carolina and South Carolina, and is divided into 3 
Judicial Districts, called the districts of Albemarle, Pam- 
lico, and Cape Fear. The Collection Districts, and the 
jports of entry and delivery in this State, have been so 
often modified and discontinued, that there is some uncer- 
tainty as to the number at this time. We can only make 
an approximate statement. There are as near as we can 
determine, 10 districts, 10 ports of entry, and 9 ports of 
delivery. 

Raleigh is the capital. There the Legislature meets 
biennially on the third Monday of November. The State 
election is held on the second Thursday in August. 

The enacting clause of the laws is as follows, " Be it 
enacted by the General Assembly of the State of North 
Carolina, and it is hereby enacted by the authority of the 
same." 






INDIVIDUAL STATES. 369 

UNITED STATES SEXATOES 

Samuel Johnson, from 1789 to 1793 
Benjamin Hawkins, " 1789 " 1795 



Alexander Martin, 


a 


1793 


a 


1799 


Timothy Bloodworth " 
Jesse Franklin, " ' 


1795 
| 1799 

(1707 


a 
tt 
u 


1801 
1805 
1813 


David Stone, 


ri 


1801 


a 


1813 


James Turner, 


u 


1805 


tt 


1816 


Nathaniel Macon, 


a 


1815 


a 


1828 


James Iredell, 


a 


1828 


u 


1831 


Montfort Stokes, 


a 


1816 


tt 


1823 


John Branch, 


u 


1823 


a 


1829 


Bedford Brown, 


« 


1829 


a 


1S40 


Willie P. Mangum, 


it . 


i 1840 
1 1831 


a 

a 


1853 
1836 


Robert Strange, 


a 


1836 


a 


1840 


William A. Graham, 


u 


1840 


tt 


1843 


William H. Haywood" 


1843 


a 


1846 


George E. Badger, 


a 


1S46 


a 


1S55 


Asa Biggs, 


tt 


1854 


a 


1858 


David S. Reed, 


u 


1855 


a 


1859 


Thos. L. Clingman, 


CC 


1858 


M 


1861 


Thomas Bragg, 


u 


1S59 


a 


1861 



370 



OUTLINES OF U. S. GOVERNMENT. 




HEYAD 



NEVADA. 



Nevada was admitted as a State, March 21st, 1864 ; 
making the 36th State in the Union. 

It has an area of 63,473 square miles, or 40,622,720 
acres. The population in 1860, (while yet a Territory) 
was 6,857, but had greatly increased at the time of ad- 
mission. In conformity with the constitutional provision 
that every State shall have one Representative in Con- 
gress, Nevada has one. This State lies in the Ninth 
Judicial Circuit, and forms one Judicial District, called 
the District of Nevada. 

Virginia City is the capital. The State election is held 
on the first Tuesday in November ; and the Legislature 
meets on the first Monday in January. 

The enacting clause of the laws is in the following 
words : " The people of the State of Nevada, represented 
in Senate and Assembly, do enact as follows." 

UNITED STATES SENATOKS. 



James W. Nye, from 1865 to 1871 

William M. Stewart, " 1865 « 1869 



INDIVIDUAL STATES. 



371 




OHIO. 

■ Ohio was admitted into the Union, from what was then 
known as the North Western Territory, in 1802, and made 
the seventeenth State, 

It has an area of 39,964 square miles, equal to 25,576,- 
960 acres. The population in 1860 was 2,339,511, en- 
titling it to nineteen members of Congress. 

It is in the Sixth Judicial Circuit, and forms two Judi- 
cial Districts, viz., the Northern and Southern Districts of 
Ohio. 

This State has three ports of entry, to wit ; Cleveland, 
Toledo, and Portland ; and four ports of delivery, to be 
located where the President directs. 

The capitol of this State is Columbus. The State elec- 
tion is now held on the second Tuesday of October. The 
Legislature meets on the first Monday of January, bien- 
nially. 

The enacting clause of the laws is as follows : " Be it 
enacted by the general assembly of the State of Ohio." 

UNITED STATES SENATORS. 

John Smith, from 1803 to 1808 



372 



OUTLINES OF U. S. GOVERNMENT. 



t Thos.Worthington, from 



{ 






Edward Tiffin, 
Return J. Meigs, 
Stanley Griswold, 
Alexander Campbell, 
Jeremiah Morrow, 
Joseph Kerr, 
Benjamin Ruggles, 
William A. Trimble 
Ethan A. Brown, 
Wm. Henry Harrison, " 
Jacob Burnett, 

Thomas Ewing, 



u 



a 



u 



u 



u 



a 



a 



Thomas Morris, 
William Allen, 
Benjamin Tappan, 
Thomas Cor win, 
Salmon P. Chase, 
Benjamin F. Wade, 
George Ellis Pugh, 
John Sherman, 



a 

a 
cc 
tc 
a 

a 

a 

a 

a 



1803 

1810 

1807 

1808 

1809 

1809 

1813 

1814 

1815 

1819 

1822 

1825 

1828 

1831 
1850 

1833 
1837 
1839 
1845 
1849 
1851 
1851 
1861 



to 1807 

" 1814 

" 1809 

" 1810 

" 1809 

" 1813 

" 1819 

" 1815 

" 1833 

" 1821 

" 1825 

" 1828. 

" 1831 

" 1837 
" 1851 

" 1839 
" 1849 
" 1845 
" 1851 
" 1855 
" 1869 
" 1861 
" 1873 









INDIVIDUAL STATES. 



373 




OREGON. 

Oregon was admitted into the Union as a State on the 
14th day of February, 1859 ; and made the 33rd State. 
It has an area of 95,274 square miles, which is equal to 
60,975,360 acres. The population in 1860 amounted to 
52,465, which did not reach the number required to en- 
title it to a member of Congress according to the fixed 
ratio. But every State is entitled to one member, what- 
ever its population may be. By act of 1866, the States 
of Oregon, Nevada, and California, were constituted the 
Ninth Judicial Circuit. Oregon forms one Judicial Dis- 
trict, and has one Collection District, and one port of 
entry. 

The capital is Salem, where her Legislature meets once 
in two years, on the second Tuesday of September. The 
State election is held on the first Monday in June. 



UNITED STATES SENATORS. 

Joseph Lane, from 1859 to 1S61 
Delazon Smith, " 1S59 " 1860 
Edward D. Baker," 1861 " 1861 



374 OUTLINES OF U. S. GOVERNMENT. 

Benj. F. Harding, from 1862 to ? 
Jas. W. Nesmith, " 1861 " 1867 
Benjamin Stark, " 1861 " 1862 
Geo. H. Williams, " 1865 " 1871 
Henry W. Corbell," 1867 " 1873 



PENNSYLVANIA. 

Pennsylvania is one of the orginal thirteen States, and 
is often figuratively called the Keystone State, from the 
central position she occupied in the original number of 
States. 

Its area in square miles is 46,000, equal to 29,440,000 
acres. The population in 1860 amounted to 2,906,115, 
which entitles her to twenty-four members of Congress. 

Pennsylvania lies in the Third Judicial Circuit, which 
is composed of this State and New Jersey. It forms two 
Judicial Districts, viz., the Eastern and Western Districts 
of Pennsylvania. 

There are two collection Districts in Pennsylvania, and 
consequently two ports of entry, viz., Philadelphia and 
Erie. 



INDIVIDUAL STATES. 375 1 

Ilarrisburgh is the capital. There the Legislature assem- 1 

bles on the first Tuesday iii January ; the State election I 

is held on the second Tuesday in October. I 

The enacting clause of her laws is : " Be it enacted by I 

the Senate and House of Representatives of the Common- 
wealth of Pennsylvania m general assembly met ; and it 
is hereby enacted by the authority of the same." 

UNITED STATES SENATORS. 



William Maclay, 


from 


1789 to 1791 


Robert Morris, 


a 


1789 


cc 


1795 


Albert Gallatin, 


a 


1793 


cc 


1794 


James Ross, 


a 


1794 


cc 


1803 


William Bingham, 


cc 


1795 


tt 


1801 


Peter Muhlcnburgh, 


cc 


1801 


cc 


1802 


Samuel Maclay, 


a 


1803 


cc 


1808 


Michael Leib, 


a 


1808 


cc 


1814 


Andrew Greece, 


cc 


1807 


cc 


1813 


Abner Lacock. 


cc 


1813 


cc 


1819 


Jonathan Roberts, 


cc 


1814 


cc 


1821 


Walter Lawrie, 


cc 


1819 


cc 


1825 


William Findlay, 


cc 


1821 


cc 


1827 


William Marks, 


cc 


1825 


cc 


1831 


Isaac D. Barnard, 


C( 


1827 


cc 


1831 


George M. Dallas, 


cc 


1831 


cc 


1833 


William Wilkins, 


cc 


1831 


cc 


1834 


Samuel McKean, 


cc 


1833 


cc 


1839 


James Buchanan, 


cc 


1834 


cc 


1845 


Daniel Sturgeon, 


cc 


1839 


cc 


1851 






( 1845 


cc 


1S49- 


Simon Cameron, 


cc 


\ 1857 


cc 
cc 


1861 

1 Q*7Q 



376 OUTLINES OF U. S. GOVERNMENT. 

James Cooper, 

Charles R. Buckalew, 

Richard Broadhead, 
Stephen Adams, 
William Bigler, 
Edgar Cowan, 
David Wilmot, 



from 


1849 to 1855 


'O Iattt »» 


1850 " 1856 


^aiew, -j 


1863 " 1869 


ead, " 


1851 " 1857 


a 


1852 " 1857 


cc 


1855 u 1861 


c< 


1861 " 1867 


cc 


1861 " 1863 




RHODE ISLAND. 

Rhode Island is one of the original 13 States, but had 
no delegates in the Convention which formed the Consti- 
tution of the United States. She and Delaware are the 
two little States, Ehode Island being the smallest State in 
the Union, having an area of only 1,306 square miles, 
which make 835,840 acres. Her population in 1860 was 
174,620, which entitled her to 2 members of Congress. 
Rhode Island forms part of the first Judicial Circuit, 
which consists of the States of Ehode Island, Massachu- 
setts, New Hampshire and Maine ; constitutes one Judicial 
District, called the District of Rhode Island, has 3 ports 









INDIVIDUAL STATES. 



377 



of entry, viz., Newport, Providence, and Bristol, and also 
7 ports of delivery. 

Small as this State is it has two capitals, or places 
where the Legislature meets, viz., Newport and Provi- 
dence. The State election is held on the first Wednesday 
in April. The Legislature meets twice in a year, in May 
and January. 

The style of her laws, or the enacting clause of them is 
as follows ; " It is enacted by the general assembly as 
follows." 

UNITED STATES SENATORS. 






Theodore Foster, from 1790 to 1803 


Joseph Stanton, 
William Bradford, 


(C 


1790 " 
1793 u 


1793 
• 1797 


Eay Green, 


U 


1797 " 


1801 


Charles Ellery, 
Samuel L. Potter, 


cc 
cc 


1801 " 
1803 < ( 


1805 
1 1804 


Benjamin Howl and, 


CC 


1804 " 


1809 


James Fenner, 


U 


1805 " 


1807 


Elisha Matthewson, 


CC 


1807 c 


: 1811 


Frances Malbone, 


cc 


1809 " 


: 1809 


C. G. Champlin, 
Jeremiah B. Howell, 


cc 
ll 


1809 » 
1811 t{ 


: 1811 
( 1817 


William Hunter, 


cc 


1811 " 


' 1821 


James Burrill, 


cc 


1817 " 


: 1821 


James D'Wolf, 
Nehemiah R. Knight 


cc 


1821 « 
1821 ' 


c 1825 
' 1841 


Asher Bobbins, 


cc 


1825 w 


1 1839 


Nathan F. Dixon, 


cc 


1839 " 


■ 1842 


James F. Simmons, 


CC - 


1 1841 c 
1 1857 < 


: 1847 
: 1862 



378 OUTLINES OF U. S. GOVERNMENT. 

William Sprague, from 1842 to 1844 
John B.Francis, " 1844 " 1845 
Albert C. Green, " 1845 " 1851 
John H. Clarke, " 1847 " 1853 

Charles T. James, " 1851 " 1857 
Philip Allen, " 1853 " 1859 

Henry B. Anthony, " | lg65 tt mi 

William Sprague, " 1862 " 1869 
Samuel G. Arnold, " 1862 " 1863 




SOUTH CAROLINA. 






South Carolina is one of the original thirteen States, 
and has an area of 29,385 square miles, which make 
18,806,400 acres ; with a population in 1860, of 703,708, 
(over half colored) which gives her four members of Con- 
gress. 

By act of 1866, South Carolina was located in the 
Fourth Judicial Circuit; it is divided into two Judicial 
Districts, called the Eastern and Western Districts of 
South Carolina. 






INDIVIDUAL STATES. 379 

There are three collection Districts in this State, and 
four ports of entry, to wit : Georgetown, Charleston, 
Beaufort and Port Royal; but no ports of delivery. 

The Capital is Columbia. The State elections are held 
on the fourth Monday of November. The Legislature 
meets on the third Wednesday of October. 

The enacting clause of the laws is as follows : " Be it 
enacted by the honorable the Senate and House of Repre- 
sentatives, now met, and sitting in general assembly, and 
by authority of the same." 

South Carolina made herself conspicuous by taking the 
lead in the recent rebellion against the United States. She 
first seceded, and w r as the first to commence hostilities, by 
firing on a United States vessel in the harbor of Charles- 
ton, and then on Fort Sumter, one of the United States 
forts near the city. 

UXITED STATES SENATORS. 



Pierce Butler, 


n j 1700 to 1706 
irom ^ lg02 u 1804 


Ralph Izard 


a 


1780 


" 1795 


Jacob Read, 


a 


1795 


" 1S01 


John Hunter, 


cc 


1796 


" 1798 


Charles Pincknev, 


cc 


1798 


" 1801 


Thomas Sumpter, 


cc 


1801 


" 1810 


John Ewin^ Calhoun," 


1801 


" 1802 


John Gaillard, 


cc 


1804 


" 1826 


John Taylor, 


cc 


1810 


" 1816 


William Smith, 


cc 


( 1816 
\ 1826 


" 1823 
" 1831 


William Harper, 


cc 


1826 


" 1826 


Robert J. Hayne, 


cc 


1823 


" 1832 



380 OUTLINES OF U. S. GOVERNMENT. 

Stephen D. Miller, from 
John C. Calhoun, " 

William C. Preston, " 

Daniel E. Huger, " 

George McDuffie, " 

Andrew P. Butler, " 

Franklin H. Elmore, " 

Robert W. Barnwell," 

Wm. Desaussure, " 

Josiah Evans, " 

James H. Hammond," 

James Chestnut, " 

Arthur P. Hayne, " 
South Carolina being one of the seceding States, has, 
since 1861, been in the same condition as Alabama. See 
note at the end of list of Senators from that State. 



1831 to 1833 


1832 


it 


1842 


1845 


a 


1847 


1833 


it 


1842 


1842 


a 


1845 


1842 


a 


1846 


1846 


a 


1857 


1850 


a 


1850 


1850 


a 


1853 


1852 


a 


1853 


1852 


a 


1858 


1857 


ii 


1860 


1858 


it 


1861 


1858 


it 


• 




TENNESSEE. 



Tennessee was admitted into the Union, June 1, 1796, 
and made the sixteenth State. It has an area of 45,600 
square miles, equal to 29,184,000 acres. The population 



INDIVIDUAL STATES. 381 

in 1860 numbered 1,109,801. It has now eight Represen- 
tatives in Congress, is in the sixth Judicial Circuit, forms 
three Judicial Districts, and has two ports of delivery 
Memphis and Knoxville. Before Tennessee was admitted 
it formed a part of North Carolina. 

Nashville is the capital. The State election is held on 
the first Thursday in August; and on the first Monday of 
October the Legislature meets, once in two years. 

The enacting clause of the laws of this State is as fol- 
lows : « Be it enacted by the general assembly of the 
State of Tennessee." 

UNITED STATES SENATOES. 

William Blount, from 1796 to 1797 

William Cocke, «jl<96 « 

} 1799 " 






1797 
1805 

1798 
1825 



Andrew Jackson, " i 1 ' r9 ' r 

1 ( 1823 

Joseph Anderson, " 1797 « igl5 

Daniel Smith, " 1797 « 1$$$ 

Jenkin Whiteside, « 1809 " 1811 

Geo. W. Campbell, " 1811 " 1818 

Jesse Wharton, " 1814 « i S15 

John Williams, " 1815 " 1823 

John H. Eaton, " I8I8 " 1829 

Hugh L. White, " 1825 « 1840 

Felix Grundy, « i 8 29 " 1840 

EphraimH. Foster « i 183S " 1839 

1 ( 1843 « 1845 

A. O. P. Xicholson, tt 1840 " 1843 

Alexander Anderson, u 1840 " 1841 

Spencer Jarnagin, . " 1841 " 1847 



382 



OUTLINES OF U. S. GOVERNMENT. 



Hopkins L. Turney, from 1845 to 1851 



John Bell, 
James C. Jones, 
Andrew Johnson, 
David T. Patterson, 
J. S. Fowler, 



u 



u 



a 



a 



u 



1853 
1857 



1847 " 
1851 " 
1857 " 1863 
1865 " 1869 
1865 " 1871 



Tennessee was one of the seceding States in 1861, but 
came back in 1866. Between these two periods she was 
unrepresented in the United States Senate. 




TEXAS. 



The history of this State is unlike that of any other be- 
longing to the Union. It is not one of the original States ; 
neither was it first formed into a Territory and afterwards 
changed into a State. Down to 1836, Texas was a part 
of Mexico ; at that time the people of this Mexican prov- 
ince or colony, revolted against the Mexican authority, 
and, after a short war with that power, gained their inde- 
pendence and established a government of th^ir own. 
This they called the "Republic of Texas." But it was 
a small and feeble power, and could not sustain itself as 



INDIVIDUAL STATES. 383 

an independent nation. In this helpless condition, she 
applied to the United States Government for permission 
to unite herself with it. The request was listened to, and 
favorably received by the United States. The proposi- 
tion was accepted, and in 1845, Texas was admitted, — 
making the 28th State, — and became a part of the " Great 
Republic." Though larger than five such States as New 
York, she has continued to this day a single State, be- 
cause her population has remained so small. But in the 
act of admission, it was provided that Texas might be 
divided into four new States, besides that of Texas, mak- 
ing five in all. When this shall be done, all will be large 
States. The whole area of Texas is 237,504 square miles, 
which make 152,002,560 acres. The population in 18G0 
— 15 years after her admission, — was only 604,215, which 
entitles her to 4 members of Congress. Texas lies 
in the fifth Judicial Circuit, and makes two Judicial 
Districts, the Eastern and Western. 

There are three Collection Districts in this State. The 
respective ports of entry for these Districts are, Galves- 
ton, Lasalle, and Brazos Santiago. To these are attached 
nine ports of delivery. 

The capital is Austin, where the Legislature meets 
biennially on the first Monday of November. The State 
election is held on the first Monday in August. 

UNITED STATES SENATORS. 

Thomas F. Rusk, from 1846 to 185G 
Samuel Houston, " 1846 " 1859 

Pinckney J. Henderson," ]857 " 1858 
Matthias Ward, " 1S58 " 1861 



384 OUTLINES OF IT. S. GOVERNMENT. 

John Hemphill, from 1859 to 1861 
Lewis T. Wigfall, a 1859 " 1861 

Texas was one of the seceding States ; and therefore 

the remarks made at the end of the list of Senators from 

Alabama, apply to her. 




Vermont. 

Vermont was admitted into the "Union, March 4th, 1791, 
making the 14th State. 

It has an area of 10,212 square miles, equal to 6,535,680 
acres. The population in 1860, numbered 315,098. It 
now has three Representatives in Congress ; forms part of 
the Second Judicial Circuit ; constitutes one Judicial Dis- 
trict ; has one port of entry, located at such place as may 
be named by the President, who may also designate two 
places in the State as ports of delivery. 

Vermont was the first new State admitted into the 
Union, and thus made the 14th State. 

Montpelier is the capital. The State election is held on 
the second Tuesday in September, and the Legislature 
meets on the second Thursday in October. 



INDIVIDUAL STATES. 385 

The enacting clause of the laws is: "It is hereby 
enacted by the General Assembly of the State of Ver- 
mont." 

UNITED STATES SENATORS. 

Moses Robinson, from 1701 to 1796 
Stephen E. Bradley, " j lg01 M lgl3 

Elijah Paine, " 1795 « 1801 

T T . , „'.. J 1796 " 1797 

Isaac lichen or, , or ., -, 001 

( lblo ' lb21 

Nathaniel Chipman, " 1797 " 1S03 

t i c -*i « S 1 V|,L " 1803 

Israel Smith, '• fi«03"1807 

Jonathan Robinson, " 1807 " N l 815 

-n'n n\ a ( 1S13 " IS 17 

Dudley Chase, { 1835 « 1831 

James Fisk, " 1817 " 1817 

William A. Palmar, " ISIS " 1825 

Horatio Seymour, " 1S21 « 1S33 

Samuel Prentiss, " 1S31 " 1S-12 

Benjamin Swift, " 1S33 " 1S39 

Samuel S. Phelps, " 1S39 " 1S51 

Samuel C. Crafts, " 1843 " 1843 

William Upharn, " 1843 " 1S55 

Solomon Foote, " 1851 " 1S66 

Samuel S. Phelps, « 1S53 " 1854 

Brainard Lawrence, " 1S54 " 1S55 

Jacob Collamer, " 1S54 " 1865 

Luke P. Poland, " 1865 " 1867 

George F. Edmunds, " 1866 " 1S69 

Justin S. Morrill, " 1S67 " 1S73 

R 



o8G OUTLINES OF IT. S. GOVERNMENT. 







VIRGINIA. 

Virginia is also one of the original thirteen States, and 

had an area previous to the division in 1862, of 61,352 

square miles, equal to 39,265,280 acres ; but after West 

Virginia was set off as a separate State, there were but 

38,352 square miles left of this once great State, equal to 
24,545,280 acres. 

The population in i860 amounted to 1,596,318, which 
entitled the State to eleven members of Congress. By the 
division the number of Representatives was cut down to 
eight ; the new State receiving three out of the eleven, 

Virginia lies in the Fourth Judicial Circuit, which by 
the act of 1866 was composed of this State, Maryland, 
West Virginia, North Carolina and South Carolina. 
There were two Judicial Districts in this State, anterior 
to the division, the Eastern and the Western. There is. 
now but one. 

There were also twelve collection Districts in this State, 
and twelve ports of entry, all of which remain the same as 
they were before West Virginia was cut off, for they were 
all located on the Atlantic coast, or on the bays and rivers 
running into the Atlantic Ocean ; there are also ten ports 
of delivery. 






INDIVIDUAL STATES. 387 

Richmond is the capital. The State election is held on 
the fourth Thursday of May. The Legislature meets 
biennially on the second Monday of January. 

The enacting clause of the laws of Virginia is : " Be it 
enacted by the General Assembly." 

When the United States Government was formed, 
Virginia was the largest, most populous and influential 
State in the Union. But after 1810 she fell behind New 
York in population ; and in 18G0, she had fallen to the fifth 
position in this respect. The division has reduced her 
much below that point. 

This State is often called " The Old Dominion," because 
it was the first settled by whites after the discovery of 
America, an English colony being planted here in 1607. 

il The Mother of Presidents," is another appellation 
often given to her, because four of the Presidents were 
Viginians, viz., Washington, Jefferson, Madison and Mon- 
roe. She was also the birthplace of several others, viz., 
Jackson, Harrison and Taylor. 

•'The Old Dominion" is now divided into two States, 
Virginia and West Virginia. Her political power and 
influence have dwindled into insignificance. 

UNITED STATES SENATORS. 

William Grayson, from 1789 to 1790 



Richard H. Lee, 


cc 


1789 


a 


1792 


John Walker, 


cc 


1790 


CC 


1790 


James Monroe, 


(( 


1790 


a 


1794 






( 1792 


cc 


1794 


John Taylor, 


u 


1 1803 


cc 


1805 






( 1822 


cc 


1824 


Stephen T. Mason, 


c< 


1794 


a 


1803 



388 OUTLINES OF U. S. GOVERNMENT, 

John Tazewell, 
Wilson C. Nichols, 
Abraham B. Venable, 
William B. Giles, 
Andrew Moore, 
Richard Brent, 
James Barbour, 
Armistead T. Mason, 
John W. Eppes, 
James Pleasants, 
John Randolph, 
Littleton W. Tazewell," 
John Tyler, 

William C. Rives, 

Benjamin W. Leigh, 

Richard E. Parker, 

William H. Roane, 

William S. Archer, 

Isaac S. Pennybacker, " 

James M. Mason, 

R. M. T. Hunter, 
Virginia was one of the seceding States in 1861, and 
from that time to this (end of 1867) she has been unrepre- 
sented in the Senate. 



fron 


l 1794 to 1799 


cc 


1799 


" 1804 


cc 


1803 


" 1804 


cc 


1804 


" 1815 


cc 


1804 


" 1809 


<c 


1809 


" 1815 


cc 


1815 


" 1825 


cc 


1816 


" 1817 


cc 


1817 


" 1819 


cc 


1819 


" 1822 


cc 


1825 


" 1827 


V 


1824 


" 1832 


u 


1827 


" 1836 


u 


( 1832 


" 1834 




( 1836 


" 1845 


cc 


1834 


<c 1836 


cc 


1836 


" 1837 


cc 


1837 


" 1841 


cc 


1841 


" 1847 


cc 


1845 


" 1847 


(C 


1847 


" 1861 


cc 


1847 


" 1861 



INDIVIDUAL STATES. 



389 



o 




WEST VIRGINIA. 



There is a peculiarity in the description of this new 
State. It formed a part of one of the original 13 States, 
but yet is a new State, and was admitted fully in 1863. 
Although the act of Congress making it a State was 
passed on the 31st of December, 1862, it was with the 
proviso, that it should not take effect until 60 days after 
a proclamation issued by the President, giving notice to 
the world that West Virginia had been admitted as a sov- 
ereign State, and that it formed one of the United States 
of America. This proclamation was not issued until the 
year 1863; 60 days after which the law took effect and 
West Virginia became a State on an equal footing with 
all the other States. We have not the date of the pro- 
clamation, and cannot therefore name the day when the 
act went into full operation. 

This is the only case in which a State has been divided 
into two. The Constitution contains a provision for mak- 
ing such division, in case it should be desirable, and upon 
certain conditions, which were complied with in the case 
of Virginia. As stated in another place, this event grew 
out of the late rebellion. Virginia seceded with others of 



390 OUTLINES OF U. S. GOVERNMENT. 

the slave States, but that part of the State lying west of 
the Alleghany mountains, consisting of 48 counties, re- 
fused to go with the Eastern part, seceded from it, and 
set up a separate State government, which was then re- 
cognized by Congress, and admitted into the Union. Thus 
West Virginia became a new State, made out of an old 
one. When admitted it made the 35th State. It has an 
area of 23,000 square miles, equal to 14,720,000 acres. 

The population in 1860 was 349,628, which gives her 3 
members of Congress. West Virginia was subsequently 
put into the Fourth Judicial Circuit, and constitutes one 
Judicial District. Parkersburg also was made a port of 
delivery. 

Wheeling is the capital. The State election is held on 
the fourth Thursday in October. The Legislature meets 
on the third Tuesday in January. 

UNITED STATES SENATORS. 

PeterG. Van Winkle, from 1863 to 1869 
WaitmanT.Willey, " 1863 « 1871 



INDIVIDUAL STATES. 



301 




WISCONSIN. 

Wisconsin was admitted as a State into the Union on 
the 29th of May, 1848, and made the thirtieth State. 
It has an area of 53,924 square miles, equal to 34,511,300 
acres. The population in 18G0 amounted to 775,881, 
which ccave her G members of Congress. Wisconsin lies 
in the seventh Judicial Circuit, — which is composed of 
Wisconsin, Indiana and Illinois, — and forms one Judicial 
District. It has one Collection District, one port of entry, 
viz., Milwaukee, and live ports of delivery, viz., Southport, 
Racine, Sheboygan, Green Bay and Depere. 

The capital of this State is Madison. The Legislature 
meets on the second Wednesday in January. The State 
election is on the first Tuesday in November. 

The enacting clause of her laws is as follows: "The 
people of Wisconsin represented in Senate and Assembly, 
do enact as follows." 



UNITED STATES SENATORS. 



Henry Dodge, 
Isaac P. Walker, 
James R. Doolittle, 
Timothy O. Howe, 



from 1848 to 1857 
" 1848 " 1855 
" 1857 " 1869 
Cl 1861 " 1867 



392 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER XCI. 
Territories. 

Until a very recent date there has always been — west 
of the States— -a vast uninhabited stretch of country, ex- 
tending to the Pacific Ocean ; which, however, was con- 
stantly becoming less as the people pushed out from the 
inhabited portions into these almost boundless and un- 
occupied regions. This process has gone on ever since 
order was established at the close of the Revolutionary 
War. But it was the discovery of rich mines of gold and 
silver in this Western wilderness that gave emigration 
thither an unprecedented impulse. Within the past 
twenty years, heretofore unexplored, uninhabited, and 
almost unknown regions have become peopled. States 
have grown out of them, and the whole of this almost 
interminable waste has been explored and surveyed. 
Boundary lines have been fixed and Territorial Gov- 
ernments established, so that no part now lies outside 
of an organized local government. Every spot of this 
heretofore trackless desert may now be localized and 
described as a part of some State, or well defined Terri- 
tory. 

Having given a brief account of the thirty-seven 
States now in the Union, it remains for us to give a 









TERRITORIES. 393 

similar account of the Territories, which embrace all 
outside of the States, arid together with them cover the 
whole area of the United States. 

These Territories we give as they exist at the close 
of the year 1867. But after a few years, several, if not 
all of them may become States. Indeed, bills are now 
before Congress for the admission of both Nebraska* 
and Colorado, as States. Besides, from their im- 
mense size, as may be seen by looking at their areas, as 
shown below ; they will probably be divided into two 
or three parts ; and these parts will receive new 
names, and finally become new States. There is land 
enough in the most of them to make three States 
larger than the average size of the States now in the 
Union ; and in estimating the number, there will be 
when all the existing Territories shall be formed into 
conveniently sized States ; we may safely say there will 
yet be added, from twenty-five to thirty new ones, al- 
though we should not enlarge our boundaries, by the 
acquisition of any new territory. 

The following is a list of all the remaining Terri- 
tories, placed in the order of the times, when their 
temporary territorial governments were formed by acts 
of Congress. 

Organized as a 
Territory. 

New Mexico, Sept. 9, 1850 

Utah, Sept. 9, 1850 

Washington, Mar 2, 1853 

Nebraska, May 30, 1854 

Colorado, Feb. 28, 1861 

Dakota, Mar. 2, 1861 

* Since the above was written Nebraska has been admitted as 
a State. 



Square miles. 


Acres. 


Pop. in '60 


243,063 


155,560,320 


93,516 


128,835 


82,464,400 


40,273 


175,141 


112,090,240 


11,594 


122,007 


78,084,480 


28,841 


105,818 


67,723,520 


34,277 


318,128 


203,601,920 


4,837 



394 OUTLINES OF U. S. GOVERNMENT. 

» . 7A « t? u oa iQfioi Was cat off from New Mexico. 

Arizona, Feb. 24, 1863 ^ Area and population unku0W n. 

Idaho, Mar. 3. 1863. Area and population unknown. 

Montana, May 26, 18b4, Area and population unknown. 

In this brief statement, we do not notice any of the 
laws made for their government, or the officers ap- 
pointed to administer it. Suffice it to say, that they 
have a Governor, Secretary and judges of their courts, 
who are appointed by the President, by and with the 
consent of the Senate. The laws organizing their Terri- 
torial Governments are of course enacted by Congress ; 
and so are all the general laws relating to their admin- 
istration. But they are allowed to elect and organize 
a Territorial legislature, and to regulate their own inter- 
nal affairs. The laws of Congress, and all the provi- 
sions made by it, or by their territorial legislation, and 
all the officers appointed to administer them are of a 
temporary character, are made only for a temporary 
government, and all disappear as soon as the Territory is 
admitted as a State. 






INDIAN TERRITORY. 395 



CHAPTER XCIL 



Indian Territory. 



This part of the United States requires a special no- 
tice, because it differs widely from any other. While it 
is located within our own boundaries, it is in some re- 
spects like a foreign country, and its inhabitants like 
foreigners ; yet it is not a foreign country, but a domestic 
dependency, and the various tribes inhabiting it are 
domestic dependent nations, if we dignify small tribes 
of savages by such a sounding title. The Indian Terri- 
tory lies west of the Mississippi River, west of the State 
of Arkansas, and north of Texas, and is of large dimen- 
sions, containing no less than 71,127 square miles, or 
45,521,280 acres. The United States Government, find- 
ing that there were frequent collsions, broils and diffi- 
culties, and sometimes wars between the whites and 
Indians, while in close proximity to each other, in some 
instances persuaded the Indians, and in some cases 
compelled them to leave their homes and lands, and re- 
move to this Territory, where they could live more 
apart from the whites, and enjoy their own laws and 
customs without molestation from white neighbors. 
This Territory has thus become the residence of a num- 
ber of tribes, each having its own section of country 
within the Territory, or Indian country. Here the 



396 OUTLINES OF U. S. GOVERNMENT. 

■i 

United States exercise no authority over them, except- 
ing in certain crimes perpetrated by them against the 
whites. Of crimes committed by Indians against In- 
dians, it takes no cognizance. For this purpose, the 
Indian Territory is annexed to the Judicial District of 
the adjoining States, (viz., to Arkansas and Missouri,) 
that they may be tried and punished by the United 
States Circuit and District Courts when sitting in these 
districts. They are allowed to live under their own 
laws, follow their own customs, and indulge in their 
own modes of life. The land has been ceded to the In- 
dians, each tribe owning the portion allotted to it by 
the United States. It is quite probable that after the 
Indians have reached a higher grade of civilization, 
and become more assimilated to the customs and usages 
of the white people, that they will apply to Congress 
for admittance into the family of States, and become an 
integral part of the United States. But at present they 
occupy this semi-isolated condition, are under our pro- 
tection and partially under our criminal laws. The 
United States would protect them against foreign inva- 
sion or harm, in case interference should be attempted. 
The Government protects them against our own people ; 
for it will not allow them to trade with, nor even to go 
among them without permission. The provision made 
by the United States for the preservation and well- 
being of the Indians, by assigning them a location in 
the Indian Territory, does not however include all the 
Indian tribes ; those now inhabiting this territory are 
principally from the tribes east of the Mississippi River; 
many tribes west of that river still remain in their orig- 



INDIAN TERRITORY. 397 

inal homes, or liave moved to certain localities which 
have been reserved for them, called Indian Reservations, 
where they are protected by Indian agents appointed 
by the Government for this purpose, and also to look 
after other Indian affairs. 

The population of the Territory at the last census 
was 9,701 ; while the whole number of Indians in the 
United States amounts to about 300,000. 






398 OUTLINES OF U. S. GOVERNMENT. 



CHAPTER XOIIL 
The Wars of the United States. 

■ 

1. So many acts of the Government, and so many laws 
of Congress have had especial reference to the wars in 
which the country has been involved, that it will throw 
much light upon them to give a very brief historical sketch 
of the different wars in which the United States have been 
engaged. 

2. The first in order of time, and in the results which 
followed, is the Revolutionary war, as it is called in our 
own country. This war was begun and consummated, 
however, before our Government existed ; for it was 
fought for the express purpose of gaining the power to 
establish a Government for ourselves. This, the people 
could not do while they were under the power of the 
English Government, which oppressed tLem with bad 
laws, and with a corrupt and oppressive administration. 
Petitions for relief, and strong remonstrances against such 
oppression proved utterly abortive. The people resorted 
to arms with a firm determination to redress their wrongs 
by force, as all other means had failed. 

3. This statement gives the reasons for this war. It 
commenced on the 19th of April, 1775 — or rather, on that 
day the first blood was spilt. Some preparations had 
been previously made, since it had been seen for some time 



WARS OF THE UNITED STATES. 399 

that the stubborn acts of the English Government, and the 
determination of the people to redress their grievances, 
would pretty certainly lead to a contest. 

4. This war lasted seven years, and was attended with 
varied success. The Colonies were poor, the population 
small, and to many it appeared preposterous to contend 
with the power of the mother country, which was rich in 
money and means to subdue the Rebellion, as she termed 
this uprising of the people to vindicate their rights. 
There were other causes which protracted the struggle, 
and which caused more blood to be shed than the battles 
with the British armies would have cost, had all the peo- 
ple in the Colonies been united, which was not the case. 
Numbers of them opposed the war, adhered to the old 
Government, even took up arms on the side of England, 
and did all in their power to assist her in her efforts to put 
the Colonies down. These men rendered material aid to 
the British during the whole period of the contest. They 
were then, and have ever since been called Tories ; which 
meant, enemies to their own country. They made them- 
selves extremely odious to the people, and the name has 
been a term of reproach ever since. 

5. But this was not all. Besides the power of England, 
against which the people had to contend, the English, by 
means of presents, induced the Indians, who were numer- 
ous at that time, to join them. This stratagem not only 
afforded much assistance to the English Government, but 
added the horrors of savage barbarity to the war. The 
Indians not only went into battle with the English, but 
laid in ambush, watching and shooting the people wher- 
ever they could find them. 



400 OUTLINES OF IT. S. GOVERNMENT. 

But all the power of Great Britain, aided by her parti- 
sans here, and by her savage allies, availed not. The 
bloody struggle went on till victory crowned the efforts of 
the Colonies. Under the leadership of Washington, the 
Revolution was completed, a new nationality was created,, 
and a new Government took its place in the family of na- 
tions. 

THE SECOND WAR. 

6. Not more than ten years had elapsed since the close 
of the Revolutionary war with England, before a serious 
difficulty occurred between the United States and France, 
who had been our friend and ally during the struggle for 
independence. We say it was a serious difficulty, for it 
came very near involving the two countries in a destruc- 
tive contest. But by the discreet and wise management 
of our Government nothing more than some hostile en- 
counters at sea occurred, after which the two nations came 
to a good understanding, and no further hostile acts were 
prepetrated on either side. Before this, the French Gov- 
ernment authorised the capture of American vessels. This 
was done in several instances ; therefore Congress author- 
ised American vessels to retaliate upon the French , and 
all treaties with France were declared void. 

7. But why this hostility between those who recently 
were such firm friends ? This may be explained ; France 
was at war with England, and she wished to involve the 
United States in her controversy. She wanted us to as- 
sist her, because she had assisted us ; quite a plausible 
reason; but President Washington, and many others of 
the wisest and best men in the country disapproved of 
commencing another war with England, or of aiding her 









WAKS OF THE UNITED STATES. 401 

enemies so soon after we had concluded a peace with her. 
Besides, we were weak then ; our resources almost ex- 
hausted, and we were deeply in debt. Washington's pol- 
icy prevailed, and the nation escaped another war with 
our old enemy. France disliked this, and for a few years 
was quite hostile to us ; but wiser counsels finally pre- 
vailed, and friendly relations were again established be- 
tween the two nations. 



THE THIRD WAR. 

8. The third war, although hardly entitled to so sound- 
ing a name — for it was rather a fight with pirates — com- 
menced in 1801, with Tripoli, one of the piratical Barbary 
powers of the North of Africa. She, with Morocco and 
Algiers, undertook a system of robbery upon all vessels 
trading up the Mediterranean sea, by demanding tribute 
for the privilege of navigating that sea. It was an as- 
sumption of power that could not be better explained than 
to call it piratical. They undertook to enforce these 
most unrighteous demands by capturing the ships, and 
imprisoning their crews, if they refused to comply. They 
tried the game on our vessels, captured several, and im- 
prisoned their seamen. This was rather more than our 
Government was disposed to endure ; so it dispatched a 
squadron of ships under Commodore Preble, who had a 
fight with some of their vessels, knocked them to pieces, 
bombarded their town, and made them deliver up all the 
American prisoners. These energetic proceedings soon 
humbled the barbarians, and compelled them to relinquish 
their nefarious practice of demanding tribute from Anier- 



402 OUTLINES OF U. S. GOVERNMENT. 

ican, or any other vessels that traded up the Mediterrane- 
an sea. 

THE FOURTH WAR. 

9. This broke out in 1812, and in our histories and con- 
versations is generally called the War of 1812, because it 
was commenced in that year. This was our second war 
with England, and lasted nearly three years. The rea- 
sons for it were very different from those which brought 
on the first; and may be given as follows. England 
claimed the right to board our ships, either national or 
private, wherever she found them, and to search them, un- 
der pretense of searching for her seamen, who had de- 
serted from their vessels, and were now employed on 
board of ours ; and also for men who had once been sub- 
jects of the British Government, but had subsequently 
emigrated to America, and became citizens of the United 
States. This right she claimed and actually enforced on 
many occasions, by carrying off every man of this de- 
scription she found on board our ships, upon the assump- 
tion that if a man had ever been a subject of hers, he must 
always remain so ; and that he had no right to become a 
citizen of any other country. We did not subscribe to 
such a doctrine, but held that if any body wished to ex- 
patriate himself from his own country and to become a 
citizen of ours, he had a perfect right to do so, and that 
when he did, it was as much the duty of our' Government 
to protect him, as it was to protect a native citizen. 

10. Such antagonistic principles, if carried into action 
as they were by the English, must necessarily end in an 
appeal to arms. On the 10th of June, in conformity with 



WARS OF THE UNITED STATES. 



403 



an act of Congress, the President proclaimed war with 
England* The contest, with varied success on both sides, 
was continued until the 8th of Jan., 1815, the day on 
which Gen. Jackson defeated the British at Xew Orleans. 
Soon after, news reached the United States that the Amer- 
ican and English Commissioners, who had met at Ghent, 
had, on the 24th of Dec, 1814, concluded a treaty of 
peace. As soon as this was known, hostilities ceased on 
land. Several battles occurred at sea after this, for the 
news of peace did not reach them until some time after it 
was known at home. By the treaty of Ghent, simply a 
peace was negotiated ; seemingly because both parties had 
become tired of the war. The issue upon which the war 
broke out was left unsettled by the Commissioners, who 
ignored that question, but agreed to stop fighting. Eng- 
land has not since enforced her doctrine of the right to 
search our vessels, and to carry off our men, although they 
may have once been her subjects. This war was prose- 
cuted principally on the seas, where a number of severe 
naval battles were fought, and many captures of ships 
made on both sides. Although England had a far more 
powerful navy than we had, yet in victories and captures, 
the odds were on our side. 

the Firm WAR. 



11. The fifth war was that with Mexico. It commenced 
on the 26th of April, 1846, and grew out of the annexa- 
tion of Texas — early in 1845 — to the United States. Mex- 
ico had not vet entirelv abandoned her claim to, and 
authority over Texas, which had so recently revolted 
against her Government. She could not but look with 
great disapprobation and jealousy upon the action of the 



404 OUTLINES OF U. S. GOVERNMENT. 

United States in taking her revolted province under their 
protection, and then annexing it to their own dominions. 
The people of Texas were afraid that Mexico would make 
an attempt to regain possession of the country, and called 
upon the United States Government to protect them. 

12. James K. Polk, a Southern man, was then Presi- 
dent, and had taken, before his election, a very prominent 
part in the annexation scheme. He was therefore quite 
ready and willing to defend this, our newly acquired ter- 
ritory, and promptly sent Gen. Taylor to the Western 
part of Texas, under the pretense of guarding the frontiers 
against any invasion of the Mexicans. Gen. Taylor, in 
obedience to orders from the President, marched his army 
quite up to the Rio Grande, which Mr. Polk claimed as 
the Western boundary of Texas. But this, the Mexicans, 
(with good reason too), disputed ; declaring that the 
Western boundary of Texas was far to the East of that 
river, and remonstrated strongly against the action to the 
United States, in sending a hostile army into her territory, 
and hence took measures to expel the invaders. As be- 
fore stated, on the 26th of April, 1846, a small number of 
the hostile parties met, and a fight between them ensued. 
Thus the war begun, and continued with almost unvaried 
success on the part of the United States Army till the 2nd 
of Feb., 1848, when a treaty of peace was concluded. 
During this short war of less than two years, we took all 
their strongholds of defence, including the city of Vera 
Cruz, together with their Capital, the City of Mexico it- 
self. Indeed, the whole country was occupied, and might 
have been kept, had we chosen to retain it. But in the 
treaty of peace we restored a part of their country, and 



WARS OF THE UNITED STATES. 405 

retained all we desired of it, viz., California and New 
Mexico, and in short, all the Northern part of the country. 
But to make the whole affair look less like robbery, we 
paid the Mexicans §10,000,000 for what we kept, which 
was nearly one-half of the whole country. 

14. By this war we very much enlarged our territory, 
but gained very little military glory, and added noth- 
ing to our character for justice and magnanimity. We, 
a powerful nation, fell upon a weak one, crushed it, and 
took as much of its territory as we pleased ; and that, — 
to say the least of it, — for a very trifling cause. A 
little wisdom, a little discreet diplomacy, would have 
averted this war, saved thousands of lives, millions of 
money, and preserved our character for justice and 
magnanimity. 

THE SIXTH WAK. 

15. This was by far the greatest, the most expensive, 
and most bloody war that was ever carried on upon 
this continent. In magnitude, in expense, in the lives 
it cost, and in the evil consequences which resulted from 
it, it surpassed all the preceding wars combined, 
and verified the old adage that " Civil wars are the worst 

f all wars." This, as everybody knows, was a civil 
ar ; a war between the people of the same country 

and government, having the same interests and the 

same destiny. 

16. Right here we might expand our remarks to an 
extent exceeding the whole contents of this volume in 
tracing the causes, detailing the operations, and notic- 
ng the results of this most terrible and cruel war. 

hen we might dwell long upon the consequences 



406 OUTLINES OF U. S. GOVERNMENT, 

which must inevitably follow in all coming time. But 
this would be foreign to our purpose. We have only 
undertaken to give the veriest outlines of our various 
wars, the time when they commenced, the time of their 
duration, and the results produced. Just so much we 
will say of our civil war, — between the North and the 
South. It was begun on the 12th of April, 1861, by 
the bombardment of Fort Sumter in Charleston Har- 
bor. It was closed in April, 1S65, by the surrender of 
Gen. Lee, the Southern Commander-in-Chief, with his 
army, to Gen. Grant, the Commander-in-Chief of the 
National Forces, having lasted four years with varied 
success on both sides. All the details of this desperate 
struggle have been written and published by many able 
historians, to whose works I must refer the reader who 
wishes to peruse a complete history of this great event. 

17. Here we will only add, that it is impossible to 
say how many lives were lost in this devastating war. 
500,000 on both sides is probably as correct an estimate 
as can be made. Eight or nine billions of dollars is prob- 
ably as near an estimate of its cost as can be calculated. 
Other disasters and evils almost inconceivable followed 
in its train. It furnished the world with one of the 
most awful examples of the folly and the wickedness of 
war. 

OUR INDIAN WAJRS. 

18. In addition to, and in connection with, the sev- 
eral wars mentioned in the preceding remarks, our 
numerous wars with the various Indian tribes should be 
briefly noticed. In both of our wars with England, the 
Indians were wheedled and enticed by presents, to take 



WARS OF THE UNITED STATES. 407 

sides with England, and against ns. This, together with 
their barbarous mode of warfare, and their savage 
cruelties, produced a strong antipathy in the minds of 
our people against them. This feeling was reciprocated 
by the Indians, and whenever any wrong was perpetra- 
ted by either party, it was an easy matter to make it a 
^ause of war. The old animosities were there, and any 
Dflensivc act from either side was almost certain to pro- 
duce retaliatory acts from the other party. When the 
whites cheated the Indians, they in retaliation would 
steal from the whites. A pursuit and a massacre would 
follow, and then the Government would be compelled 
to interfere. 

19. From these and other causes, we have had many 
wars with nearly all the tribes of Indians in the country. 
Some of these contests have been obstinate and bloody, 
costing many valuable lives, and a great deal of money. 
Any of the tribes, — or all of them combined, — could 
make but a feeble resistance to the power of the United 
States. Hence all our Indian wars have resulted in 
their final defeat, and sometimes in their almost utter 
destruction; at the present time (1867) a fierce and 
bloodj 7 war is raging between the Government and the 
western Indians, who inhabit the country between the 
Mississippi River and the Rocky Mountains. Various 
tribes are combined to prevent the settlement of the 
whites on their lands, and to prevent the construction 
of the Pacilic Railroad through their hunting grounds. 

20. The Indians who remain do not exceed 300,000. 
They have been reduced to this small number by their 
frequent wars with the whites, but more especially by 






408 OUTLINES OF U. S. GOVERNMENT. 

their almost prepetual wars among themselves. Some of 
them have become partially civilized, and have tnrned 
their attention to agricultural pursuits, instead of wander- 
ing about on hunting excursions and warlike expeditions 
against each other. It is therefore to be hoped that our 
Indian wars will soon cease forever. 



DECLARATION OF INDEPENDENCE. 409 



THE DECLARATION OF INDEPENDENCE. 

When, in the course of human events, it becomes ne- 
cessary for one people to dissolve the political bands 
which have connected them with another, and to assume, 
among the powers of the earth, the separate and equal sta- 
tion to which the laws of nature and of nature's God en- 
title them, a decent respect to the opinions of mankind re- 
quires that they should declare the causes which impel 
them to the separation. 

We hold these truths to be self-evident, that all men are 
created equal ; that they are endowed by their Creator 
with certain unalienable rights ; that among these, are life, 
liberty, and the pursuit of happiness. That, to secure 
these rights, governments are instituted among men, de- 
riving their just powers from the consent of the governed ; 
that, whenever any form of government becomes de- 
structive of these ends, it is the right of the people to alter 
or to abolish it, and to institute a new government, laying 
its foundation on such principles, and organizing its pow- 
ers in such form, as to them shall seem most likely to ef- 
fect their safety and happiness. Prudence, indeed, will 
dictate that governments long established, should not be 
changed for light and transient causes; and, accordingly, 
all experience hath shown, that mankind are more dis- 
posed to suffer, while evils are sufferable, than to right 
themselves by abolishing the forms to which they are ac- 
customed. But, when a long train of abuses and usurpa- 
tions, pursuing invariably the same object, evinces a de- 
sign to reduce them under absolute despotism, it is their 
right, it is their duty, to throw off such government, and 
to provide new guards for their future security. Such 



410 OUTLINES OF U. S. GOVERNMENT. 

has been the patient sufferance of these colonies, and such 
is now the necessity which constrains them to alter their 
former systems of government. The history of the pre- 
sent king of Great Britain is a history of repeated injuries 
and usurpations, all having, in direct object, the establish- 
ment of an absolute tyranny over these States. To prove 
this, let facts be submitted to a candid world : 

He has refused his assent to laws the most wholesome 
and necessary for the public good. 

He has forbidden his Governors to pass laws of imme- 
diate and pressing importance, unless suspended in their 
operation till his assent should be obtained ; and, when so 
suspended, he has utterly neglected to attend to them. 

He has refused to pass other laws for the accommoda- 
tion of large districts of people, unless those people would 
relinquish the right of representation in the legislature ; a 
right inestimable to them, and formidable to tyrants only. 

He has called together legislative bodies at places un- 
usual, uncomfortable, and distant from the depository of 
their public records, for the sole purpose of fatiguing them 
into compliance with his measures. 

He has dissolved representative houses repeatedly, for 
opposing, with manly firmness, his invasions on the rights 
of the people. 

He has refused, for a long time after such dissolution, 
to cause others to be elected ; whereby the legislative 
powers, incapable of annihilation, have returned to the 
people at large for their exercise ; the State remaining, in 
the m®an time, exposed to all the danger of invasion from 
without, and convulsions within. 

He has endeavored to prevent the population of these 
States ; for that purpose, obstructing the laws for natural- 
ization of foreigners ; refusing to pass others to encourage 
their migration hither, and raising the conditions of new 
appropriations of lands. 

He has obstructed the administration of justice, by re- 
fusing his assent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone, for 



DECLARATION OF INDEPENDENCE. 411 

the tenure of their offices, and the amount and payment 
of their salaries. 

_ He has erected a multitude of new offices, and sent 
hither swarms of officers to harass our people, and eat out 
their substance. 

He has kept among us, in times of peace, standing 
armies, without the consent of our legislature 

He has affected to render the military independent of, 
and superior to, the civil power. 

He has combined, with others, to subject us to a juris- 
diction foreign to our constitution, and unacknowledged 
by our laws; giving his assent to their acts of pretended 
legislation : 

For quartering large bodies of armed troops among us : 

For protecting them, by a mock trial, from punishment, 
for any murders which they should commii on the inhab- 
itants of these States . 

For cutting off our trade with all parts of the world: 

For imposing taxes on us without our consent : 

For depriving us, in many cases, of the benefits of trial 
by jury. 

For transporting us beyond seas to be tried for pre- 
tended offences : 

For abolishing the free svstem of English laws in a 
neighboring province, establishing therein an arbitrary 
government, and enlarging its boundaries, so as to render 
it at once an example and fit instrument for introducing 
the same absolute rule into these colonies ; 

For taking away our charters, abolishing our most val- 
uable laws, and altering, fundamentally, the powers of our 
governments : 

For suspending our own legislatures, and declaring 
themselves invested with power to legislate for us in all 
cases whatsoever. 

He has abdicated government here, by declaring us out 
of his protection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt 
our towns, and destroyed the lives of our people. 

He is, at this time, transporting large armies of foreign 
mercenaries to complete the work of death, desolation. 



412 OUTLINES OF U. S. GOVERNMENT. 

and tyranny, already begun, with circumstances 6f cruelty 
and perfidy scarcely paralleled in the most barbarous 
ages, and totally unworthy the head of a civilized nation. 

He has constrained our fellow-citizens, taken captive on 
the high seas, to bear arms against their country, to be- 
come the executioners of their friends and brethren, or to 
fall themselves by their hands. 

He has excited domestic insurrections amongst us, and 
has endeavored to bring on the inhabitants of our fron^ 
tiers, the merciless Indian savages, whose known rule of 
warfare is an undistinguished destruction of all ages, 
sexes, and conditions. 

In every stage of these oppressions, we have petitioned 
for redress, in the most humble terms; our repeated pe- 
titions have been answered only by repeated injury. A 
prince, whose character is thus marked by every act 
which may define a tyrant, is unfit to be the ruler of a free 
people. 

Nor have we been wanting in attention to our British 
brethren. We have warned them from time to time, of 
attempts made by their legislature to extend an unwar- 
rantable jurisdiction over us. We have reminded them 
of the circumstances of our emigration and settlement 
here. We have appealed to their native justice and mag- 
nanimity, and we have conjured them, by the ties of our 
common kindred, to disavow these usurpations, which 
would inevitably interrupt our connections and correspon- 
dence. They, too, have been deaf to the voice of justice 
and consanguinity. We must, therefore, acquiesce in the 
necessity, which denounces our separation, and hold them, 
as we hold the rest of mankind, enemies in war, in peace, 
friends. 

We, therefore, the representatives of the UNITED 
STATES OF AMERICA, in GENERAL CONGRESS 
assembled, appealing to the Supreme Judge of the World 
for the rectitude of our intentions, do, in the name, and 
by the authority of the good people of these colonies, 
solemnly publish and declare, That these United Colonies 
are, and of right ought to be, FREE AND INDEPEN- 
DENT STATES ; that they are absolved from all alle- 



DECLARATION OF INDEPENDENCE. 



413 



giance to the British crown, and that all political connex- 
ion between them and the state of Great Britain, is, and 
ought to be, totally dissolved ; and that, as FREE AND 
INDEPENDENT STATES, they have fall power to levy 
war, conclude peace, contract alliances, establish com- 
merce, and to do all other acts and things which INDE- 
PENDENT STATES may of right do. And, for the sup- 
port of this declaration, and a firm reliance on the protec- 
tion of DIVINE PROVIDENCE, we mutually pledge 
to each other, our lives, our fortunes, and our sacred honor. 
The foregoing declaration was, by order of Congress, 
engrossed, and signed by the following members : 

JOHN HANCOCK, 

Massachusetts Bay. 
Samuel Adams, 
John Adams, 
Robert Treat Paine, 
Elbridge Gerry. 

Delatvare. 
Ca3sar Rodney, 
George Reed, 
Thomas M'Kean. 

Maryland. 
Samuel Chase, 
William Paca, 
Thomas Stone, 
Charles Carroll, of Carrollton 

Virginia, 
George Wythe, 
Richard Henry Lee, 
Thomas Jefferson, 
Benjamin Harrison, 
Thomas Nelson, jun. 
Francis Lightfoot Lee, 
Carter Braxton. 

North Carolina. 
William Hooper, 
Joseph Hewes, 
John Penn. 



New Hampshire. 
Josiah Bartlett, 
William Whipple, 
Matthew Thornton. 

Rhode Island. 
Stephen Hopkins, 
William Ellery. 

Connecticut. 
Roger Sherman, 
Samuel Huntington, 
William Williams, 
Oliver Wolcott. 

New York. 
William Floyd, 
Philip Livingston, 
Francis Lewis, 
Lewis Morris. 

New Jersey, 
Richard Stockton, 
John Witherspoon, 
Francis Hopkinson, 
John Hart, 
Abraham. Clark. 

Pennsylvania. 
Robert Morris, 
Benjamin Rush, 



414 



OUTLINES OF U. S. GOVERNMENT. 



Benjamin Franklin, 
John Morton, 
George Clymer, 
James Smith, 
George Taylor, 
James Wilson, 
George Ross. 



South Carolina. 
Edward Rutledge, 
Thomas Heyward, jun. 
Thomas Lynch, jun. 
Arthur Middleton. 
Georgia. 
Button Gwinnett, 
Lyman Hall, 
George Walton 



THE CONSTITUTIO*. 415 



CONSTITUTION OF THE UNITED STATES 

OF AMERICA. 

We, the People of the United States, in order to form a 
more perfect Union, establish Justice, insure domestic 
Tranquillity, provide for the common defence, promote 
the general Welfare, and secure the Blessings of Lib- 
erty to ourselves and our Posterity, do ordain and es- 
tablish this Constitution for the United States of 
America. 

ARTICLE I. 

Section 1. All legislative Powers herein granted shall 
be vested in a Congress of the United States, which shall 
consist of a Senate and House of Representatives. 

Section 2. The House of Representatives shall be 
composed of Members chosen every second Year by the 
People of the several States, and the Electors in each State 
shall have the Qualifications requisite for Electors of the 
most numerous Branch of the State Legislature. 

Xo Person shall be a Representative who shall not 
have attained to the Age of twenty-five Years, and been 
seven Years a Citizen of the United States, and who shall 
not, when elected, be an Inhabitant of that State in which 
he shall be chosen. 

Representatives and direct Taxes shall be apportioned 
among the several States which mav be included wHthin 
this Union, according to their respective Numbers, which 
shall be determined by adding to the whole Number of 



416 OUTLINES OF U. S. GOVERNMENT. 

« 

free Persons, including those bound to Service for a Term 
of Years, and excluding Indians not taxed three-fifths of 
all other Persons. The actual Enumeration shall be made 
within three Years after the first Metving of the Congress 
of the United States, and within every subsequent Term 
often Years, in such Manner as they shall by Law direct. 
The Number of .Representatives shall not exceed one iav 
every thirty Thousand, but each State shall have at Lea 
one Representative ; and until such enumeration shall U 
made, the State of New Hampshire shall be entitled to 
choose three, Massachusetts eight, Rhode Island and 
Providence Plantations one, Connecticut five, New York 
six, New Jersey four, Pennsylvania eight, Delaware one, 
Maryland six, Virginia ten, North Carolina five, and 
Georgia three. 

When vacancies happen in the Representation from any 
State, the Executive Authority thereof shall issue Writs 
of Election to fill such Vacancies. 

The House of Representatives shall choose their Speaker 
and other Officers; and shall have the sole Power of Im- 
peachment. 

Section 3. The Senate of the United States shall be 
composed of two Senators from each State, chosen by the 
Legislature thereof, for six Years ; and each Senator shall 
have one Vote. „ 

Immediately after they shall be assembled in Conse- 
quence of the first Election, they shall be divided as 
equally as may be into three Classes. The Seats of the 
Senators of the first Class shall be vacated at the Expira- 
tion of the second Year, of the second Class at the Expira- 
tion of the fourth Year, and of the third Class at the Ex- 
piration of the sixth Year, so that one-third may be chosen 
every second Year ; and if Vacancies happen by Resigna- 
tion, or otherwise, during the Recess of the Legislature 
of any State, the Executive thereof may make tempo- 
rary Appoinments until the next Meeting of the Legisla- 
ture, which shall then fill such Vacancies. 

No Person shall be a Senator who shall not have at- 
tained to the Age of thirty Years, and been nine Years a 
Citizen of the United States, and who shall not, when 



. THE CONSTITUTION. 417 

elected, be an Inhabitant of that State for which he shall 
be chosen. 

The Vice-President of the United States shall be Pre- 
sident of the Senate, but shall have no Vote, unless they 
be equally divided. 

The Senate shall choose their other Officers, and also 
a President pro tempore, in the Absence of the Vice-Pre- 
sident, or when he shall exercise the Office of President of 
the United States. 

The Senate shall have the sole Power to try all Impeach- 
ments. When sitting for that Purpose, they shall be on 
Oath or Affirmation. When the President of the United 
States is tried, the Chief Justice shall preside : And no 
Person shall be convicted without the Concurrence of 
two-thirds of the Members present. 

Judgment in Cases of Impeachment shall not extend 
further than to removal from Office, and Disqualification 
to hold and enjoy any Office of honour, Trust or Profit 
under the United States : but the Party convicted shall 
nevertheless be liable and subject to Indictment, Trial, 
Judgment, and Punishment, according to Law. 

Sectiox 4. The Times, Places and Manner of holding 
Elections for Senators and Representatives, shall be pre- 
scribed in each State by the Legislature thereof; but the 
Congress may at any time by Law make or alter such 
Regulations, except as to the places of choosing Senators. 

The Congress shall assemble at least once in every 
Year, and such Meeting shall be on the first Monday in 
December, unless they shall by Law appoint a different 
Day. 

Section 5. Each House shall be the Judsje of the Elec- 
tion, Returns and Qualifications of its own Members and 
a Majority of each shall constitute a Quorum to do Busi- 
ness; but a smaller Number may adjourn from day to 
day, and may be authorized to >mpel the Attendance of 
absent Members, in such Mann., and under such Penal- 
ties as each House may provide. 

Each House may determine the Rules of its Proceed- 
ings, punish its Members for disorderly Behavior, and, 
with the Concurrence of two-thirds, expel a Member. 



418 OUTLINES OF U. S. GOVERNMENT. 

Each House shall keep a Journal of its Proceedings, 
and from time to time publish the same, excepting such 
Parts as may in their Judgment require Secrecy ; and the 
Yeas and Nays of the Members of either House on any 
question shall, at the Desire of one-fifth of those Present, 
be entered on the Journal. 

Neither House, during the Session of Congress, shall, 
without the Consent of the other, adjourn for more than 
three days, nor to any other Place than that in which the 
two Jiouses shall be sitting. 

Section 6. The Senators and Representatives shall re- 
ceive a Compensation for their Services, to be ascertained 
by Law, and paid out of the Treasury of the United 
States. They shall in all cases, except Treason, Felony 
and Breach of the Peace, be privileged from Arrest dur- 
ing their Attendance at the Session of their respective 
Houses, and in going to and returning from the same ; 
and for any Speech or Debate in either House, they shall 
nob be questioned in any other Place. 

No Senator or Representative shall, during the Time 
for which he was elected, be appointed to any civil Office 
under the Authority of the United States, which shall 
have been created, or the Emoluments whereof shall have 
been increased during such time ; and no Person hold- 
ing any Office under the United States, shall be a 
Member of either House during his Continuance in Office. 

Section 7. All Bills for raising Revenue shall origin- 
ate in the House of Eepresentatives ; but the Senate may 
propose or concur with Amendments as on other Bills. 

Every Bill which shall have passed the House of Re- 
presentatives and the Senate, shall, before it become a 
Law, be presented to the President of the United States ; 
If he approve he shall sign it, but if not he shall return it, 
with his Objections to that House in which it shall have 
originated, who shall enter the Objections at large on 
their Journal, and proceed to reconsider it. If after such 
Reconsideration two-thirds of that House shall agree to 
pass the bill, it shall be sent, together with the Objections, 
to the other House, by which it shall likewise be reconsid- 
ered, and if approved by two-thirds of that House, it shall 



THE CONSTITUTION. 419 

become a Law. But in all such Cases the Votes of both 
Houses shall be determined by yeas and Nays, and the 
Names of the Persons voting for and against the Bill shall 
be entered on the Journal of each House respectively. If 
any Bill shall not be returned by the President within 
ten Days (Sundays excepted) after it shall have been pre- 
sented to him, the Same shall be a law, in like Manner as 
if he had signed it, unless the Congress by their Adjourn- 
ment prevent its Return, in which Case it shall not be a 
Law. 

Every Order, Resolution, or Vote to which the Con- 
currence of the Senate and House of Representatives may 
be necessary (except on a question of Adjournment) shall 
be presented to the President of the United States ; and 
before the Same shall take Effect, shall be approved by 
him, or being disapproved by him, shall be repassed by 
two-thirds of the Senate and House of Representatives, 
according to the Rules and Limitations prescribed in the 
Case of a Bill. 

Section 8. The Congress shall have Power 

To lay and collect Taxes, Duties, Imposts and Excises, 
to pay the Debts and provide for the common Defence 
and general Welfare of the United States ; but all Duties, 
Imposts and Excises shall be uniform throughout the 
United States ; 

To borrow Money on the credit of the United States ; 

To regulate Commerce with foreign Nations, and anions; 
the several States, and with the Indian Tribes ; 

To establish an uniform Rule of Naturalization, and uni- 
form Laws on the subject of Bankruptcies throughout the 
United States ; 

To coin Money, regulate the Value thereof, and of for- 
eign Coin, and fix the Standard of Weights and Measures ; 

"To provide for the Punishment of counterfeiting the 
Securities and current Coin of the United States ; 

To establish Post Offices and post Roads ; 

To promote the progress of Science and useful Arts, by 
securing for limited Times to Authors and Inventors the 
exclusive Right to their respective Writings and Discov- 



eries ; 



R 



420 OUTLINES OF U. S. GOVERNMENT. 

To constitute Tribunals inferior to the Supreme Court ; 
To define and punish Piracies and Felonies committed 
on the high Seas, and Offences against the Law of Nations ; 

To declare War, grant Letters of Marque and Re- 
prisal, and make Rules concerning Captures on Land and 
Water ; 

To raise and support Armies, but no Appropriation of 
Money to that Use shall be for a longer Term than two 
Years ; 

To provide and maintain a Navy ; 

To make Rules for the Government and Regulation f 
the land and naval Forces ; 

To provide for calling forth the Militia to execute the 
Laws of the Union, suppress Insurrections aad repel In- 
vasions ; 

To provide for organizing, arming, and disciplining, the 
Militia, and for governing such Part of them as may be 
employed in the Service of the United States, reserving 
to the States respectively, the Appointment of the Officers, 
and the Authority of training the Militia according to 
the Discipline prescribed by Congress; 

To exercise exclusive Legislation in all Cases whatso- 
ever, over such District (not exceeding ten Miles square) 
as may, by Cession of particular States, and the Accep- 
tance of Congress, become the Seat of the Government of 
the United States, and to exercise like Authority over all 
Places purchased by the Consent of the Legislature of the 
State in which the Same shall be, for the Erection of 
Forts, Magazines, Arsenals, Dock- Yards, and other needful 
Buildings ; — And 

To make all Laws which shall be necessary and proper 
for carrying into Execution the foregoing Powers, and all 
other Powers vested by this Constitution in the Govern- 
ment of the United States, or in any Department or 
Officer thereof. 

Section 9. The Migration or Importation of such Per- 
sons as any of the States now existing shall think proper 
to admit, shall not be prohibited by the Congress prior to 
the Year one thousand eioht hundred and ei^ht, but a 



£> 



THE CONSTITUTION. 421 

Tax or Duty may be imposed on such Importation, not 
exceeding ten dollars for each Person. 

The Privilege of the Writ of Habeas Corpus shall not 
be suspended, unless when in Cases of Rebellion or Inva- 
sion the public Safety may require it. 

No Bill of Attainder or ex post facto Law shall be 
passed. 

No Capitation, or other direct, Tax shall be laid unless 
in Proportion to the Census or Enumeration herein before 
directed to be taken. 

No Tax or Duty shall be laid on Articles exported from 
any State. 

No Preference shall be given by any Regulation of 
Commerce or Revenue to the Ports of one State over those 
of another : nor shall Vessels bound to, or from one State, 
be obliged to enter, clear, or pay Duties in another. 

No Money shall be drawn from the Treasury, but in 
Consequence of Appropriations made by Law ; and a 
regular Statement and Account of the Receipts and Ex- 
penditures of all public Money shall be published from 
time to time. 

No Title of Nobility shall be granted by the United 
States : And no Person holding any Office of Profit or 
Trust under them, shall, without the Consent of the Con- 
gress, accept of any present, Emolument, Office, or Title, 
of any kind whatever, from any King, Prince, or foreign 
State. 

Section 10. No State shall enter into any Treaty, 
Alliance, or Confederation ; grant Letters of Marque and 
Reprisal; coin Money; emit Bills of Credit; make any 
Thing but gold and silver Coin a Tender in Payment of 
Debts ; pass any Bill of Attainder, ex post facto Law, or 
Law impairing the Obligation of Contracts, or grant any 
Title of Nobility. 

No State shall, without the consent of the Congress, lay 
any Imposts or Duties on Imports or Exports, except 
what may be absolutely necessary for executing it's in- 
spection Laws : and the net Produce of all Duties and 
Imposts, laid by any State on Imports or Exports, shall be 
for the Use of the Treasury of the United States ; and all 



422 OUTLINES OF U. S. GOVERNMENT. 

such Laws shall be subject to the Revision and Control 
of the Congress. 

No State shall, without the Consent of Congress, lay any 
Duty of Tonnage, keep Troops, or Ships of War in time of 
Peace, enter into any Agreement or Compact with another 
State, or with a foreign Power, or engage in War, unless 
actually invaded, or in such imminent Danger as will 
not admit of Delay. 

ARTICLE II. 

Section 1. The executive Power shall be vested in a 
President of the United States of America. He shall hold 
his Office during the Term of four Years, and, together 
with the Vice-President, chosen for the same Term, be 
elected, as follows : 

Each State shall appoint, in such Manner as the Legis- 
lature thereof may direct, a Number of Electors, equal 
to the whole Number of Senators and Representatives to 
which the State may be entitled in the Congress ; but no 
Senator or Representative, or Person holding an Office of 
Trust or Profit under the United States, shall be appointed 
an Elector. 

[* The Electors shall meet in their respective States, and vote by 
Ballot for two Persons, of whom one at least shall not be an In- 
habitant of the same State with themselves. And they shall make 
a List of all the Persons voted for, and of the Number of Votes for 
each ; which List they shall sign and certify, and transmit sealed to 
the Seat of the Government of the United States, directed to the 
President of the Senate. The President of the Senate shall, in the 
Presence of the Senate and House of Representatives, open all the 
Certificates, and the Votes shall then be counted. The Person 
having the greatest Number of Votes shall be the President, if such 
Number be a Majority of the whole Number of Electors appointed ; 
and if there be more than one who have such Majority, and have 
an equal Nnmber of Votes, then the House of Representatives shall 
immediately choose by Ballot one of them for President : and if no 
Person have a Majority, then from the five highest on the List the 
said House shall in like Manner choose the President. But in 

* This clause within brackets has been superceded an(J annulled 
by the 12th amendment, on page 432. 



THE CONSTITUTION. 423 

choosing the President, the Votes shall he taken by States, the 
Representation from each State baring one Vote; A Quorum for 
this Purpose shall consist of a Member or Members from two- 
thirds of the States, and a Majority of all the States shall be ner 

iry to a Choice. In every Case ; after the Choice of the President, 
the Person having the greatest Number of Votes of the Electors 
shall be the Vice-President. But if there should remain two or 
more who have equal Votes, the Senate shall choose from them by 
Ballot the Vice-President.] 

The Congress mav determine the Time of choosin^ the 
Electors, and the Dav on which thev shall crive their 
Vote- ; which Day shall be the same throughout the 
United State-. 

No Person except a natural born Citizen, or a Citizen of 
the United States, at the time of the Adoption of this 
Constitution, shall be eligible to the Office of President ; 
neither shall any person be eligible to that Office who 
shall not have attained to the asre of thirty-rive Years, and 
been fourteen Years a Resident within the United State-. 

In Case of the Removal of the President from Offiee, or 
of his Death, Resignation, or Inability to discharge the 
Powers and Duties of the said Offiee, the same shall de- 
volve on the Vice-President, and the Congress may by 
Law provide for the Case of Removal, Death, Resigna- 
tion, or Inability, both of the President and Vice-Presi- 
dent, declaring what Officer shall then act as President, 
and such Officer shall act accordingly, until the Disability 
be removed, or a President shall be elected. 

The President shall, at stated Times, receive for his 
Sen ices, a Compensation, which shall neither be increased 
nor diminished during the Period far which he shall have 
been elected, and he shall not receive within that Period 
any other Emolument from the United States, or any of 
them. 

Before he enter on the Execution of his Office, he shall 
take the following oath or Affirmation : — 

* I do solemnly swear (or affirm) that I will faithfully 
"execute the Office of President of the United States, and 
"will to the Y>t of my Ability, preserve, protect and 
" defend the Constitution of the United States." 



424 



OUTLINES OF IT. S. GOVERNMENT. 



Section 2 The President shall be Commander-in-Chief 
of the Army and Navy of the United States, and of the 
Militia of the several States, when called into the actual 
service of the United States ; he may require the Opinion, 
in writing, of the principal Officer in each of the executive 
Departments, upon any subject relating to the Duties of 
their respective Offices, and he shall have Power to grant 
Reprieves and Pardons for Offences against the United 
States, except in Cases of Impeachment. 

He shall have Power, by and with the Advice and Con- 
sent of the Senate, to make Treaties, provided two-thirds 
of the Senators present concur : and he shall nominate, and 
by and with the Advice and Consent of the Senate, shall 
appoint Ambassadors, other public Ministers and Consuls, 
Judges of the Supreme Court, and all other Officers of the 
United States, whose Appointments are not herein other- 
wise provided for, and which shall be established by Law : 
but the Congress may by Law vest the Appointment of 
such inferior Officers, as they think proper, in the Presi- 
dent alone, in the Courts of Law, or in the Heads of De- 
partments. 

The President shall have Power to fill up all Vacancies 
that may happen during the Recess of the Senate, by 
granting Commissions which shall expire at the End of 
their next Sessions. 

Section 3. He shall from time to time give to the 
Congress Information of the State of the Union, and rec- 
ommend to their Consideration such Measures as he shall 
judge necessary and expedient ; he may, on extraordinary 
Occasions, convene both Houses, or either of them, and in 
Cases of Disagreement between them, with Respect to the 
Time of Adjournment, he may adjourn them to such Time 
as he shall think proper; he shall receive Ambassadors 
and other public Ministers; he shall take care that the 
Laws be faithfully executed, and shall Commission all 
the officers of the United States. 

Section 4. The President, Vice-President and all civil 
Officers of the United States, shall be removed from 
Office on Impeachment for, and Conviction of, Treason. 
Bribery, or other high Crimes and Misdemeanors. 






THE CONSTITUTION. 425 

ARTICLE III. 

Section 1. The judicial Power of the United States, 
shall be vested in one supreme court, and such inferior 
Courts as the Congress may from time to time ordain and 
establish. The Judges, both of the supreme and inferior 
Courts, shall hold their Offices during good Behavior, and 
shall, at stated times, receive for their Services a Compen- 
sation, which shall not be diminished during their contin- 
uance in Office. 

Section 2. The judicial Power shall extend to all 
cases, in Law and Equity, arising under this Constitution, 
the Laws of the United States, and Treaties made, or 
which shall be made, under their Authority; — to all Cases 
affecting Ambassadors, other public Ministers, and Con- 
suls ; — to all Cases of admiralty and maritime Jurisdiction ; 
— to Controversies to which the United States shall be a 
Party; — to Controversies between two or more States ; 
— between a State and Citizens of another State; between 
Citizens of different States, — between Citizens of the 
same State claiming Lands under Grants of different 
States, and between a State, or the Citizens thereof, and 
foreign States, Citizens or Subjects. 

In all Cases affecting Ambassadors, other public Minis- 
ters and Consuls, and those in which a State shall be a 
Party, the supreme Court shall have original Jurisdiction. 

In all the other Cases before mentioned, the supreme 
Court shall have appellate Jurisdiction, both as to Law 
and Fact, with such exceptions, and under such Regula- 
tions as the Congress shall make. 

The trial of all crimes, except in cases of Impeachment, 
shall be by Jury ; and such trial shall be held in the State 
where the said crimes shall have been committed; but 
when not committed within any State, the Trial shall be 
at such Place or Places as the Congress may by Law 
have directed. 

Section 3. Treason against the United States sha 
consist only in levying war against them, or in adhering 
to their Enemies, giving them Aid and Comfort. Xo per 



426 OUTLINES OF U. S. GOVERNMENT. 

son shall be convicted of Treason unless on the Testimony 
of two Witnesses to the same overt Act, or on Confession 
in open Court. 

The Congress shall have Power to declare the Punish- 
ment of Treason, but no Attainder of Treason shall work 
Corruption of Blood, or Forfeiture except during the Life 
of the Person attainted. 

ARTICLE IV. 

Section 1. Pull Faith and Credit shall be given in 
aach State to the public Acts, Records, and judicial Pro- 
ceedings of every other State. And the Congress may 
by general Laws prescribe the Manner in which such Acts, 
Records and Proceedings shall be proved, and the Effect 
thereof. 

Section 2. The Citizens of each State shall be entitled 
to all Privileges and Immunities of Citizens in the several 
States. 

A Person charged in any State with Treason, Felony, 
or other Crime, Who shall flee from Justice, and be found 
in another State, shall on Demand of the executive Au- 
thority of the State from which he fled, be delivered up, 
to be removed to the State having Jurisdiction of the 
Crime. 

No Person held to Service or Labour in one State, 
under the Laws thereof, escaping into another, shall, in 
Consequence of any Law or Regulation therein, be dis- 
charged from such Service or Labour, but shall be deliv- 
ered up on Claim of the Party to whom such Service or 
Labour may be due. 

Section 3. New States may be admitted by the Con- 
gress into this Union ; but no new State shall be formed 
or erected within the Jurisdiction of any other State; nor 
any State bo formed by the Junction of two or more States, 
or Parts of States, without the Consent of the Legislatures 
of the States concerned as well as of the Congress. 

The Congress shall have Power to dispose of and make 
all needful Rules and Regulations respecting the Terri- 



THE CONSTITUTION. 427 

tory or other Property belonging to the United States ; 
and nothing in this Constitution shall be so construed as 
to Prejudice any Claims of the United States, or of any 
particular State. 

Section 4. The United States shall guarantee to every 
State in this Union a Republican Form of Government, 
and shall protect each of them against Invasion, and on 
Application of the Legislature, or of the Executive (when 
the Legislature cannot be convened) against domestic 
Violence. 

ARTICLE V. 

The Congress, whenever two thirds of both Houses shall 
deem it necessary, shall propose Amendments to this Con- 
stitution, or, on the Application of the Legislatures of two 
thirds of the several States, shall call a Convention for 
proposing Amendments, which, in either Case, shall be 
valid to all Intents and Purposes, as Part of this Constitu- 
tion, when ratified by the Legislatures of three-fourths of 
the several States, or by Conventions in three-fourths 
thereof, as the one or the other Mode of Ratification may 
be proposed by the Congress ; Provided that no Amend- 
ment which may be made prior to the Year one thousand 
eight hundred and eight shall in any Manner affect the 
first and fourth Clauses in the Ninth Section of the first 
Article; and that no State, without its Consent, shall be 
deprived of its equal Suffrage in the Senate. 

ARTICLE VI. 

All Debts contracted and Engagments entered into, 
before the Adoption of this Constitution, shall be as valid 
against the United States under this Constitution, as under 
the Confederation. 

This Constitution, and the Laws of the United States 
which shall be made* in Pursuance thereof; and all 
Treaties made, or which shall be made, under the author- 
ity of the United States, shall be the supreme Law of 
the land ; and the Judges in every State shall be bound 



42 S OUTLINES OP U. S. GOVERNMENT. 

thereby, any Thing in the Constitution of Laws of any 
State to the Contrary notwithstanding. 

The Senators and Representatives before mentioned, 
and the Members of the several State Legislatures, and 
all executive and judicial Officers, both of the United 
States and of the several States, shall be bound by Oath 
or Affirmation, to support this Constitution ; but no re- 
ligious Test shall ever be required as a Qualification to 
any Office or public Trust under the United States. 

ARTICLE VII. 

The Ratification of the Conventions of nine States j 
shall be sufficient for the Establishment of this Constitu- 
tion between the States so ratifying the Same. 

Done in Convention by the Unaimous Consent of the 
States present the Seventeenth Day of September in 
the year of our Lord one thousand seven hundred 
and Eighty seven and of the Independence of the 
United States of America the Twelth In Witness 
whereof We have hereunto subscribed our Names, 

GEO. WASHINGTON— 

President and deputy from Virginia. 

NEW HAMPSHIRE. 

John Langdon, Nicholas Gilman. 

MASSACHUSETTS. 
Nathaniel Gorham, Kufus King, 

CONNECTICUT, 
War. Saml. Johnson, Roger SHEnafAN, 

NEW YORK. 

Alexander Hamilton. 

NEW JERSEY. 
Wil. Livingston, David Brearley 

Wm. Paterscn 3 Jon a. Dayton; 



THE CONSTITUTION. 429 

PENNSYLVANIA. 

B. Franklin, Tiiomar Mifflin, fl 

Robt. Morris, Geo. Clymer, | 

Tho. Fitzsimons, Jared Ingersoll. I 

James Wilson, Gouv. Morris. I 

DELAWARE. 
Geo. Reap, Gunning Bedford, Jun'r, j 

John Dickinson, Richard Bassett, 

Jaco. Broom. 

MARYLAND. 

James M'IIenry, Dan. of St. Taos. Jenifer, 

Danl. Carroll. 

VIRGINIA. 

John Blair, James Madison, Jr., 

NORTH CAROLINA. 
Wm. Blount, Ricii'd Dobbs Spaight, 

Hu. Williamson. 

SOUTH CAROLINA. 

J. RUTLEDGE, ClIAS. CoTESWORTH PlNCKNEY, 

Charles Pinckney, Pierce Butler. 

GEORGIA. 
William Few, Abr. Baldwin. 

Attest : WILLIAM JACKSON, Secretary. 



430 



OUTLINES OF U. S. GOVERNMENT. 







AETICLES 

IN ADDITION TO, AND AMENDMENT OF, 

THE CONSTITUTION 

OF THE 

UNITED STATES OF AMEEIOA, 

Proposed by Congress, and ratified by the Legislatures of 
the several States, pursuant to the fifth article of the 
original Constitution. 

ARTICLE L 

Congress shall make no law respecting an establishment 
of religion, or prohibiting the free exercise thereof; or 
abridging the freedom of speech, or of the press ; or the 
right of the people peaceably to assemble, and to petition 
the Government for a redress of grievances. 

ARTICLE II. 

A well regulated Militia, being necessary to the security 
of a free State, the right of the people to keep and bear 
Arms, shall not be infringed. 

ARTICLE III. 

No Soldier shall, in time of peace be quartered in any 






AMENDMENTS TO THE CONSTITUTION. 431 

* 

house, without the consent of the Owner, nor in time of 
war, but in a manner to be prescribed by law. 

ARTICLE IV. 

The" right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches 
and seizures, shall not be violated, and no Warrants shall 
issue, but upon probable cause, supported by Oath or 
affirmation, and particularly describing the place to be 
searched, and the persons or things to be seized. 

ARTICLE V. 

No person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or in- 
dicment of a Grand Jury, except in cases arising in the 
land or naval forces, or in the Militia, when in actual ser- 
vice in time of War or public danger ; nor shall any person 
be subject for the same offence to be twice put in jeopardy 
of life or limb ; nor shall be compelled in any Criminal 
Case to be a witness against himself, nor be deprived of 
life, liberty, or property, without due process of law ; nor 
shall private property be taken for puViic use, without 
just compensation. 

ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of 
the State and district wherein the crime shall have been 
committed, which district shall have been previously ascer- 
tained by law, and to be informed of thd nature and cause 
of the accusation; to be confronted with the witnesses 
against him ; to have Compulsory process for obtaining 
Witnesses in his favour, and to have the Assistance of 
Counsel for his defence. 



432 OUTLINES OF U. S. GOVERNMENT. 

ARTICLE VII. 

In Suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall 
he preserved, and no fact tried by a jury shall be other- 
wise re-examined in any Court of the United States, than 
according to the rules of the common law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration in the Constitution, of certain rights, 
shall not be construed to deny or disparage others retained 
by the people. 

ARTICLE X. 

The Powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are re- 
served to the States respectively, or to the people. 

ARTILCE XI. 

The Judicial power of the United States shall not be 
construed to extend to any suit in law or equity, com- 
menced or prosecuted against one of the United States 
by Citizens of another State, or by Citizens or Subjects 
of any Foreign State. 

ARTICLE XII. 

The Electors shall meet in their respective states, 
and vote by ballot for President and Vice-President, 
one of whom, at least, shall not be an inhabitant of 
the same state with themselves ; they shall name in 
their ballots the person voted for as President, and in 



AMENDMENTS TO THE CONSTITUTION. 433 

distinct ballots the person voted for as Vice-President, 
and they shall make distinct lists of all persons voted for 
as President, and of all persons voted for as Vice-Presi- 
dent, and of the number of votes for each, which lists they 
shall sign and certify, and transmit sealed to the seat of 
the government of the United States, directed to the Pres- 
ident of the Senate ; — The President of the Senate shall, 
in presence of the Senate and House of Representatives, 
open all the certificates and the votes shall then be 
counted ; — The person having the greatest number of 
votes for President, shall be the President, if such num- 
ber be a majority of the whole number of Electors ap- 
pointed; and if no person have such majority, then from 
the persons having the highest numbers not exceeding 
three on the list of those voted for as President, the 
House of Representatives shall choose immediately, by 
ballot, the President. But in choosing the President, the 
votes shall be taken by States, the representation from 
each state having one vote ; a quorum for this purpose 
shall consist of a member or members from two-thirds of 
the states, and a majority of all the states shall be neces- 
sary to a choice. And if the House of Representatives 
shall not choose a President whenever the right of choice 
shall devolve upon them, before the fourth day of March 
next following, then the Vice-President shall act as Presi- 
dent, as in the case of the death or other Constitutional 
disability of the President. The person having the great- 
est number of votes as Vice-President, shall be the Vice- 
President, if such number be a majority of the whole 
number of Electors appointed, and if no person have a 
majority, then from the two highest numbers on the list, 
the Senate shall choose the Vice-President ; a quorum for 
the purpose shall consist of two-thirds of the whole num- 
ber of Senators, and a majority of the whole number shall 
be necessary to a choice. But no person constitutionally 
ineligible to the office of President shall be eligible to 
that of Vice-President of the United States. 

ARTICLE XIII. 

Section 1. Neither slavery nor involuntarv servitude, 



434 OUTLINES OF U. S. GOVERNMENT. 

except as a punishment for crime, whereof the party shall 
have been duly convicted, shall exist within the United 
States, or any place subject to their jurisdiction. 

SECTion 2. Congress shall have power to enforce this 
article by appropriate Legislation. 






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